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Los Angeles herald. (Los Angeles [Calif.]) 1900-1911, August 01, 1905, Image 1

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Fourteen Pages
VOL. XXXII, NO. 304.
Document Cover* Thirty.Three Pages
of Typewritten Matter and Con.
' tains Many Berlous Charges.
' Includes Depew Affair
By Associated Press. „
NEW- YORK, July 31.— An action was
instituted; today by State Attorney
, General Julius M. Mayer in the supremo
court of New. York in the name of the
people of the state of New York against
r^ithe i Equitable Life Assurance • society
'yJ and 'its officers, directors and r membern
of the executive -and .financial com*
" ■ mlttee, all of whom are named In com
. plaint, i The defendants are' the Equtt
■ ■'; able i Life 'Assurance ■' Society.", of \the
.- 'United State's and James W. Alexander,
. I Louis" Fitzgerald, • Chauneey . M. L Depew,
Demlng, Cornelius N.: Bliss,
■George H. Squire, Thomas J. Jordan,
Charles S.' Smith, . Valentine P. Snyder,
■ ,?Alvln ;W.. Krech,' William' Alexander,
John 'J. MeCookv James B. Forgan, C
• Ledyard ,1 Blair, Bray ton Ives,\ Melville
) E. . Ingalls, James H. , Hyde, Alexander,
f'J.i'l Cassatt, , Jacob H.Schiff.i James jJ;
! Hill, T.'f Jefferson, Coolldge,'-, Alfred M.
" iVanderbllt, 'John Jacob "Astor,', William
; v'iC.\yan' Home,' Gage E. Tarbell, Marvin
'■) jHughltt, 1 Charles B/. Alexander, Thomas
Dewltt'.' ,Cuyler, v MarcellUs Hartley
1 ' Dodge, : Joseph F. Denavarro, Bradlsh
/Johnson,' Joseph 'P. Lowe, .John A.
Stewart, . Edward ■H. Harrlman, Levl
3.; Morton, Robert T. Lincoln, George
J. .Gould, I ; John Sloane,' George T. Wil-
; son,' Thomas T. Eckert,, William H. Mc-
Mrityre, Henry "W. Alexander, Henry C.
Frlck,'" Samuel H. Inmanj' Henry 'C.
Haarstlck, David H. Moftatt and Henry
•:. /R^.Wlhtlirop. ,'.'..* .. '
■;h Harrim'an > Receives , Service , >:.
:t;A',Wek : ago, : before the papers'vsere
'completed.' Edward H.'Harlman, 'on the
:'f "V eve jof Jhls ;' for 'Japan, \ ac
cepted ; service ;of the summons In the
'■proposed action and today many of the.
pother defendants, including Jamea, ll."
" , Hyde, , were served .'. " through . ■ private
; counsel.';, The • defendants are allowed
the.;tlme of j service
-,'i to' rile their answers. V)^v/ .ft 1 , .'
. •---•) The icornplalui~co;italiii- tueiujr-Oiib
sections and covers thirty-three pages
\ ;6f ' typewritten matter. It: refers ,to
.; the.Frick committee report ajnd the in
■. v ; vestlga^ion made by State Superintend
; vent of Insurance Hendricks. It Is based
on information, and, belief, and Attor
ney General Mayer, in his prayer'to the
■ court says that the action, was brought
- in behalf of the people of the state of
.' New York in . the public Interest and
' ' pursuant to the provisions of law. He
'.therefore asks: -." , . - . *•,
t',^ '.'First— That. the defendants, each, of
them, other than the defendant,' the
'Equitable Life Assurance Society, of
the United.; States, account for • their
"'■■. official conduct in the management and
disposition of . the funds -and property
!' committed : to their charge. ' ,
."Second— That the individual defend
ants-and each .of them be compelled
to ' pay the defendant, the Equitable
I Life Assurance^society, any money and
the "value of, any property which they
or any of them have acquired to them
selves or, transferred to others, or lost,
or. wasted, by a. violation of, the duties.
;l '."Third— That any. defendant' or de
.fendanfs now directors or officers. in the
defendant society, ' upon proof of mis
conduct,*, be removed and that a new
electlonbe held'by ttie:board!of the
"defendant ' society, properly authorized
to hold same, in order to supply the va
cancy or vacancies' 'created by 'the re
moval.' ■-■'.'■'■ ; > • •
;*L" "Fourth— That the net surplus of de
fendant society, after deducting a' suffi
cient amount to cover all outstanding
risks _' and obligations, be paid to, 'or
' credited to, or applied for the benefit
of . the present policy holders In equi
table; proportion in accordance with
; the charter, and with the law!
f.''''Fif th— That" the plaintiff have such
: other further relief as may be just,
equitable and profitable."
. ;. '•', Neglect of Duty Charged
.The complaint charges that the indi
vidual defendants, disregarding their
'duty, to: the society of which they were
directors, "negligently, improperly ■ and
Improvidently performed such' duties
and 'have '.babltually and continually
done, or suffered to.be done, wrongful
Illegal and Improper acts; whereof the
(defendant . society has suffered great
;< loss ' and damage."
The Individual defendants are further
charged with "having acquired to
:V,: V, themselves, . or , caused to be permitted
. to be transferred to others, in violation
of;th«lr duties, money, property and
the value of property belonging to the
• defendant aociety."
|,f A Schedule of the salaries paid during
the last five years to the principal offi
cers of J the. society .Is appended to the
complaint;. which declares such salaries
to'have been largely In' excess to the
value nt services of the persons named
and that the; payment of such salaries
resulted! in substantial: loss to! the so
ciety. .It Is also, charged ; that *in nd
riillon to the salaries referred to, the
Individual defendants also . officers.
(Continued on I'aue Tiro)
TT* ■M* £ ' ' A "T^k f """^i "" "ST**"^! "THT" "TST™"™^! ' £. "'"^ "v * ■'■*■ "TB™ ■■■•■ "nßT"" l^' ''"yv ■"* "TET*" ' Tl^y'
Members Enthusiastic Over Owens Valley and
Declare That the Kiver Is Only Source of
Supply in Southern California '
- must secure the I . water from the
valley, of the Owens river. ,It is thje only
_SQ\irce;Qivailable < which is anywhere
jVearradeqijateitorßupply the' needs'of
j,.This'.lg ;.the. declaration } made by all
of', the members of the " board of water
commissioners yesterday, and: accord
ingly" the t following; : resolution asking
the council Immediately to call a'spec
ial'bond election was' unanimously
"Whereas, ■ the board of water com
missioners, recognizing; the wisdom and
necessity of taking steps to provide an
additional ; water supply for the city,
sufficient in volume to meet its future
requirements and so located as to
render its acquisition' practicable from
a flnanciai'and engineering standpoint;
has found, after thorough investigation
of all known available sources of sup
ply, .that the Owens river valley Is the
best ■■ place ; for obtaining ' the quantity
and quality of water needed by the
city, and has accordingly secured cer
tain options and contracts for -"'the
purchase of lands and ■ water rights
in that valley necessary to provide the
water required; and,
"Whereas,- in .' view, of _ ! the ■*■ large
amount of money that 'will* be required
to 'purchase theri real-property; needed
for. this purpose',' U will be necessary to
provide the fundsTtherefor by the" issu
ance of bonds; now, therefore,' beMt;\
"Resolved, ■ that the'' honorable,' city
council be requested to 'call a 'special
ejection to be held at.the'earllestprac
ticable date and to isubmit to the voters
of ] the "city the proposition " of author
ising a preliminary, Issue of 'bonds in
the amount'of $1,600,000 for the purpose
of acquiring ' lands, water 'rights and
other, property necessary,' to provide the
city with a source of water, supply in
the Owens river -valley,; and that the
matter of obtaining funds /with which
to lt construct ] the works j necessary /for
the' purpose of taking the water out. of
that valley, and bringing It to the city
of. Los. Apgeles be . lef t „ to ' be i, provided
for by "subsequent Issues of bonds.".
Commission Enthusiastic
The water commissioners are more
than enthusiastic over^the scheme ;to
bring the water of .'the j Owens 'river
into the, San' Fernando 'valley. Realiz
ing that In aH'of 'Southern "California
on this side 'of the mountains there is
no. place from which it Is possible 'to
obtain a water supply sufficient for the
needs of a city of ■' even 300,000 Inhab
itants, they fully appreciate, what the
acqulslton of the'' water rights", in' the
Owens valley 1 means to the cityV The
commissioners j feel that' at' last the
solution to the problem they have been
facing so long has been found.
For years Los Angeles has been
•wallowing every drop of water that
Superintendent ; of the Water . Depart
ment* Mulholland , could , find, and the
businessm en who the com
mission say, they are convinced that
the larger business Interests of the city
are already looking with concern at
what appeared to be a drawback to
further growth on the part o,f the cttyi
With the pure and abundant snow
water of the Owens, rive*. flowing, lnto
the San Fernando valley it is declared
that.'no one need worry until the city
has: 'achieved' a ' population of ' over
i.OOQ.000.: ■..'.':;. ', ; . •'.-' ' '
'4 /•^•V; l jpi.3v rj eal^Dlscu3sH i i ' •
Y ta At*the*regular7ses^6h^'6f'the i'cornmls
«lon, iyesterday the proposition in all of
its' phases was discussed/ It cam?, to
light'^that In the . agreement between
Pred jEaton and the commission' the
former was to be allowed all of- the
land, in the valley above the 100-foot
level . for the" purpose of grazing^'his
cattle. The report of Engineers Lippin
cott^and Parker- makes this concession
look' . rather ..•, smajl, however, for it
places the entire bottom of the valley
below this level.- . ■ >•■ ~
I .Commissioner J. C. Elliott, In discuss
ing ; the purchase. of the few remaining
strips of land in the valley, said: }
'/•'l-, feel that we ought to give, those
fellows • a | fair, price for their claims.
We have bought the rest of the valley
on fair terms, and of coure if we must
condemn the few remaining strips it
will; be an easy job, and we can secure
the property through the courts on the
same bap'.s as that on which we have
bought the other holdings in. the valley.'
'. "I also think that the residents of
Independence should be allowed "some
thing for .their rights. . We will prac
tically depopulate the valley and this
will;- of course take away that village's
income." ."•■ > „ .: ' '... ■
>';At. ; this point Superintendent Mulhol
land/'broke, in ,with: "Well, you will
not'i have? to \ buy out much, for there
are inot; many people; there. My auto
was .the first one to enter the valley
and.therflrst machine most of the set
tlers' had' ever seen, and they all turned
out'v" l|thlnk I gave a ride to everybody
in town."
, Two .Claimants Send Letter
;-,'A'-'iK. <<Koeblg addressed a commu
nication to' the board setting forth that
he, .with- T.'E. Gibbon' of the Salt Lake
road; owned certain rights in I the val
ley, v While they did not want to "hold
up", the city," they declare, still they in
tend to protect- their vested rights, and
they; announce ' that- they are ready for
a conference' with' the board. ;r; r
; Superintendent Mulholland explained
tna'fthese men' own certain rights on
the Owens, but that , these rights are
located' about fifty miles farther up the
valley 'than the holdings .of the city
extend. The superintendent stated that
tie understood Koeblg and Gibbon had
planned to put In a ' big dam to con
serve, the water for the generation of
electricity, but that the land . which
the reservolr'would have to "cover. is a
portion of Rickle's cattle range,' which
now belongs to the commission, bo that
it will be impossible for the two gentle
men to bother the city's supply without
first purchasing this land from the
city, ■ Thus the commission is safe. The
communication was filed.' • .
City Attorney Sees No Obstacles In the
Way of Bond Issue
I ,City Attorney, W.", R. Mathevvs, on
whose shoulders has fallen tha ■ brunt
of the work of securing the Owens river
(Continued on I'uaw ixui
Alderman Meyers Declares the Noml.
nation Would Cause Party Line*
to Be Forgotten and Insure
Republican Victory
SpeclAl to The Herald,
NEW YORK, ; July 81.— Alderman
Meyers, Republican, of the /Thirty-first
assembly district, launched a new may
oralty boom today. '. He proposed Jacob
A. -Rlls as an anti-Tamany candidate
for mayor. *
"The conditions this/year, are ex
traordinary," said vMeytrs, "and 'ex
traordinary action"' ihjjst-' be. taken* to
meet them. In order defeat Tam
many we must appeal; to the masses
of voters and- nominate; a ' man for
mayor who la krioyi ; n to^the masses and
who has worked forl.the.inasseß. - ' > '
"No man lii New' York', city' fills the
bill so well as •"Jae'ob *Rtjs. 'He has
spent most of his llfe.iVorklng' among
the poor of the ""eaßt^eidV'n'nd promot
ing their welfare.V,T^y \know him and
are grateful to" f him -f arid I f he were
nominated foij maypf-'pkrty lines would
be forgottenuYand\tb*ey would support
the man. who haß*^dpne;so much for
them. The nomination ;of, Rlls would
bring about a squarti, fight 'on the issue
of a government ;fqr f *the;peopl9,i not a
government In 'the| > iiiterest of politi
cians and certain t corporations."-^ '■
Trouble Breaks Out on Congo Frontier
and Joint Commission Will Be
; Appointed Vto; Investigate
By Associated Press. \',- ,
v BERLIN/ July 31 —An offlci'af report
from the governor of Cameroon, was re
ceived today by : the colonial division of
the foreign office, concerning, the'affalr
on the French Congo frontier. , It; says
i«4iJ USenegilese. i-spldiers'T cfoisedi.th's
German ■ station . ; aUMisiu'riimisum": and
plundered rmerchants. . Capt.'schuena
mann, iwhc was,; at the time in " the
southern part of the district, was shot
on the march to, Miszummlsunv'by
French Senegalese- troops and the Ger
mans returned the fire, killing five and
capturing four. .■''•'
The governor of Cameroon, upon re
ceiving the report of the affair from tho
commander of the German \ troops, CoX
Mueller, sent troops to the. protection
of Bagun. It is proposed that a joint
commlsslon.be' sent to the spot to in
vestigate the trouble and arrange for
the prevention of . such Incidents. To
this the German . administration -has
Move Prompted by Fear That Another
Wave of Popularity May .Result.
From Recent Disclosures ;
of Graft.
Special to The Herald. •
OMAHA, Neb., July 31.— A newspaper
trust to defeat W. ; J. Bryan ;'ln any
political aspirations he may cherish Is
being formed In Nebraska, with E. E.
Brown of the Hastings Observer as the
active promoter. The scheme Is part
of a wholesale campaign . of education
in ' behalf of safe and sane politics,
with no special reference " to , the* In
terests of any political party.
The plan, as outlined, contemplates
the establishment of twenty-one papers
in , leading towns of Nebraska to jen
courage the anti-Bryan sentiment now
existing. The move Is prompted by the
fear that another wave of Bryan popu
larity may result from the recent dis
closures of graft In financial and po
litical center*. ,
' Brown and his newspaper trust; are
said to have the financial backing of
James E. Eekles. ex-comptroller of,cur
rency; Paul Morton, president of, the
Kqultable Life; Thomas F, Ryan, the
Wall' street king, , and, Edward A.
Cudahy, the Omaha packer. It is pro
posed to make Omaha the headquarters
of a chain of papers and to this end
an option has been secured on, the
Omaha Commercial, a weekly business
paper, which, it is said, will bo" turned
Into a dally. . while the Observer will
be moved from Hastings to Lincoln.
( „,,..- - . ... ■ ■,■■ , ■.'■■ . ■ . . : ■ • ■ . . , .
John Heprick Electrocii ted on Pole and Body Falls
U to Ground in Sight of Fellow Workman.
Foreman Is Rescued but May Die
[Fifteen thousand volts of electricity
conducted along a telephone wire which
was- brought -for a moment* In contact
with a wire of the Pacific Electric com
pany, instantly killed John Heprlck of
216% . East Fifth street . and , probably
fatally- 1 shocked Charjes Frost of 1218
East 'Fifty-fifth street while they were
stringing a Santa Monica- toll line.yes
terday afternoon at the corner of Main
street 'and' Veriiorravenue. ■ ' '
'.'So violent was the shock- that Heprick
was thrown from the pole into the mid
dle of the street'and Frost; was hurled
backward |at the. 1 same time "but was
saved from falling by his safety-belt,
whichhe'had fastened* to the pole be
fore beginning to work.
; Driver Woods and Linemen King and
Selvers saw the flash and rushed to the
side of Heprlck,' but" he was "dead.
, Rescue; Their, Foreman
Withbut a moment/s hesitation Selvera
and .Ring climbed' tne ; pole]where their
foremanv was hanging ,by his belt, tied
ropes /around his body and lowered it
to the ground. -.While the linemen were
assisting ! Frost,,"Woods .called for:doc
tors, and', in > a very, short time three
physicians- were on the. scene. Finding
that Heprlck. had been, instantly killed
all attention was devoted to Frost's ap
parently lifeless form. i
; As soon as Frost began to show sign?
of life he was removed 'to the general
emergency-hospital, where he may dls
jit 'any moment. .worked
with 'him for hours in; hope that they
might save his life, but it is feared that
their efforts were In • vain. >
i Heprick and Frost. were employed by
the; Home ; Telephone company/ and at
the time of the accident were stringing
a new l toll wire between Santa Monica
and Los Angeles on Main street, across
Vernori ■'avenue.' Both -men ■' had Junt
mounted'tlie poles and were in the act
of swinging the wire across the Pacific
Electric company's wire when the Hash
came. It Is said by the other linemen
that the two got the wire too near th-.
high voltage wire.
Hurled From Pole
As the wires came In contact there
was a blinding flash, a crackling sound
and alow cry from one of the men.
Heprick was hurled from the pole ai'.d
struck, on the « left side of his head.
Whether the fall or the electric shock
killed him opinions differ. His, head
and shoulder, are s bruised ' but there i*
no mark of a burn. Neither has Fort
man Frost any, trace of a burn on his
hands or body, though the current must
have passed through him. Both men
wore gloves at the time and it is prob
able: that, their flesh was not. burned for
that reason.
' Heprick came to Los Angeles but re
cently, r He was married a short time
ago in Pomono, where he was employed
for a: time, after coming from the east.
Frost lives with his mother >on Fifty
fifth • street : and has had* charge of a
gang of linemen for the Home Tele
phone company.
j Superintendent Hummell of the Home
Telephone . company » arrived jon the
scene shortly, after 1 the 'occurrence and
assisted ln'clearlng the wires. He sail
that the whole- affair was jj accidental
and was due to bringing the telephone
wire too close- to the high voltage wire.
By Associated Press.
'.RENO, Nev., July 31.— Reno is great
ly excited today; over an immense
strike made in | the new White Horse
district near here. Dewltt Boyee and
associates, .who. recently arrived here
from Pittsburg, Pa., have uncovered a
ledge eight, inches across that assays
$160,000 .per. ton. This is one of the
richest ■ strikes , ever , made ,In Nevada,
and the find is verified both by samples
of the ore j and assayers' returns , re
received ;< tonight. . The rock is J literally
peppered with gold. . '•'••',
j Already a number of teams and pros
pecting outfits have left for the scene,
though there is little chance of getting
in, as the ground for miles around has
been taken -up.
lly Associated Press.
. BAKERSFIELD, , July ; SI.— A report
circulated in the city last night that a
man'' had been killed in tunnel 4 of the
Edison Electric company. In the Kern
River canyon, was verified thla after
noon when Coroner MuHins returned.
He>' : found ■ that - the man, whose name
was M. Swamberg, was a laborer ; and
that he had been killed late on Satur
day. While working "in the tunnel a
rock became dislodged in the roof anl
fell on his head. Death was instantane
ous. The body Is now in the morgue,
but, up to this time no relations of the
dead man have been found. ',■'[
Main News Section
Twenty.One Additional Cates Appear
In New Orleans— Alabama's
Quarantine Even More
f NEW ORLEANS, July 81.— New! \
..cases up to 6 p. m., 21; cate* to \ \
\\ date, 302; deaths to 6p. m., r *6; • ■
• • total deaths to date, 62; new foci,'! !
J5; total fool; 46. : , "
By Afisoclated Press. • , <, *.;*•*•
■ NEW ORLEANE July 81.— 0f ,-, the \
five deaths reported , above three V oc-"
curred ,in the emergency hospital ' anfl ',»
all of the five bore Italian names. .'(
; A new case was discovered outside of j
the city.™ being that of an Italian who .
left here a, week ago with several^oth- *\
ers and took up his residence In Mar- '
gan City.
.': Mississippi has again announced that V
it will accept : detention /camp certlfl- «
cates issued; by the marine hospital
service. ■
: On the other ■ hand , Alabama ■, has f
taken- a . new , tangent and . Instituted *
even more .stringent restrictions -than "j
any yet attempted.' ■■■: V
'. By the end of ; the present weekjthe^
authorities in charge of the" fever situ-$
ation believe they will be in'such!thor^"
ough .touch with. conditions that; they.f
will .be 'able .' to ; speak wi th" authority, i
as to' their ability to control and i eradi-f
cate the disease in advance of the'eoin^
ing of the - f rost.'j Dally, the .'ayste'mjof I'
inspection and report Is becoming- moire £
perfect and ' by . that time not only^willV;
it ' be possible to" tell', precisely ■..; theTS^
tent of the fever, but a period will haveV
arrived when no more new cases trace-*!;
able to the original ■ infection . may be i
expected. '. ' ..
t Three deaths occurred In the, emer
gency^ hospital . today,' ] the number 'j of ;•
patients In" 'which^has ; largely^ been in- 'i;
creased. All cases found with no "rela* : \
tives to care for. them are promptly™ re- v
moved to . the'\instltution, [ where ; the I
most elaborate arrangements have been/,
made for!thelfr.tl'ea{ment.'T~' ii ?- -^*r< ~'«"
>' ,'Wllmot Case Is Yellow Fever if
' President : Souchon of the state ' boar-I &
of health v ;recelved' advices today 'thnt'f
the Wilmof case, at 'Morgan ' City ; ha 1 %
been pronounced yellow, fever.'-' Morgan 'I
City is twenty miles from New Orleans,!;
and the announcement of the case thersl
will doubtless be followed by the bo<.- '
Southern . California: , .Foggy
Tuesday morning, ..becoming fair
during the' day; light: west wind.
Maximum temperature In Los An.
geles yesterday, 77 degrees; mini."
mum, 58 degrees. :,_«: ,_« - -• ;. ',•;'■'■'
' I—Picks1 — Picks Rlls to beat Tammany. , ; .
. 2— To ask for big cut In taxea. £','...;
3 — Ebell club lays corner atone. ,
4— Editorial..
• 6— City news.
6.7— Classified advertisements.
B—Wife8 — Wife weary of manicure work.
". I—Mayor1 — Mayor after' library, board.
2 — Southern California news.
3.4— Public advertisements.
. 5— Markets.
6 — Sports.
State Attorney General Mayer of New'
York begins suit against the Equitable.'
Yellow fever gains headway in : New
Orleans. - ' . . -:■•.,
Jacob Rlls - is boomed for mayor . of
New York. , '.,..: ■ ■ ..
Negotiations progressing for amend-:
ment of Russo-Amerlcan . tariff . , . ■■'.:.
Famine in India followed by epidemic:
of cholera, j ■ * . ■ .
French and German troops come Into
conflict on Congo frontier.
:.:: coast
Serious forest fire is sweeping up El
Cajon pass. . ■■> • t „- „...'
Officials ' of, the Harrlman and , *.hn >
Bait Lake lines , begin conference - in '
San Francisco. ....... • ■ ■
Edison company's camp destroyed by'
fire : in Kern River canyon.
' Four members of, the library board
are removed, by Mayor McAleer. .
• Mun-angel makes second successful
fUg-lit at Fiesta park. . ■ f»-«**v«-*^
Many southerners seeking refuge
from ravages of yellow fever are com
lUK.to Los Angeles. ■ . - .
One lineman electrocuted and another
may die as result of shock from heavily
charged wire. * ,
•Water board : asks council to call a
special bond ■ election ' and purchase
Owens valley water rights. ' -
- Ebell club - members lay cornerstone i
of new building. . . • •■•.;■
JoHeph Schnuideckl on trial for the
murder of Mrs. Balmon. v •
Qeorge Decker, former ball player, is
committed to Insane asylum. ■' ■■/.■'
Woman objects • to : but hln s ' husband
and sues for divorce.
Prominent chemist of. Pavadena sued'
by wife, who asks divorce on ground of
> County supervisor* 1 will ask state for
25 per cent reduction on assessment of
Los Angeles county. .-■■s
Superintendent ..Ingram of Southern '
Pacif lo na y« ■ dani|ii( in B*l ton link Is
practically overt . >4 ,, » „|
I«» AiiKfle" I<ir»ilnNl privileges for
Salt tAkn to bt 4ecldedtA San Fran
cisco todry. ,

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