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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, February 12, 1913, Image 20

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COUNTY $50,000'
Hynes Says Upholding of
MacMullan Suit Would
Have Unearthed An
cient Claims
Denial of Writ for $1.50 Ex
cess Assessment Ends
Five Year Action
OAKLAND, reb. 11.—Alameda county
■will he saved $50.0<""0 by a decision of
Superior Judge Waste today, according
tn an estimate of District Attorney
Hynes. Judge Waste denied a petition
for a writ of mandate filed by C. S. Mac-
Mullan to force the county to return
$1.50 to MacMullan as excess personal
» property tax for the fiscal year 1902-03.
T"pon the Issue of the action depended
possiblo claims for $50,000 against the
MacMullan contended that the board,
of supervisors failed legally to fix the
tax rate for 1902-03. The minutes of
the board disclosed that after the rate
had been fixed it was amended, but they
failed to disclose that the amended rate
had been adopted as a whole.
Tn the absence of proof In the min
utes Hynes had the five members of
the board at that time called as wit
nesses and they testified that the
amended rate was properly adopted.
The members were John Mitchell, now
chairman of the state board of equali
zation; County assessor C. F. Homer,
H. P. Talcott. Harrison D. Rowe and
William H. Church.
Church, r.owe and Mitchell testified
that they positively recalled the fixing
of the rate and Homer and .Talcott
stated that to the best of their recol
lection the proceedings were regular.
There was a long argument over the
admission of their testimony and as to
whether the board was not bound by
its minutes. Judge Waste allowed the
testimony of the five former members
to go In. a derision of the appellate
court which Hynes found, settling the
"Taxes paid without a regular rate
r-onstitute a claim against the codnty
which never outlaws," said Hynes, "and
had MacMullan won there is no telling
imw many claims he might have dug up
dating back 30 or 40 years, to a time
when there were no survivors to testify
to the contrary, as fortunately hap
pened in this case."
The case has been in the court in one
form or another for about five years,
and Mr. Hynes ha.s handled the entire
litigation for the county.
History of Itanner Told in Sonc. Story
and Tableaux—l,a rife Num
ber in Attendance
OAKLAND, Feh. 11.— The first cele
bration of Flag day by Ebell was held
this afternoon, following the February
luncheon. A handsome sjlken banner
was presented by Miss Ella Bullock, to
whose initiative the occasion was due.
Four flags, gifts hy individuals and the
sections, with 40 smaller emblems to be
used ln interior decorations, were also
The program was planned under the
direction of Miss Helen Kimball and
told in song tableaux and story the
evolution of the. American flag. Mrs.
A. E. Nash and Mrs. Harry Carlton
were the soloists, the 240 guests joining
in the national anthems.
Mrs. A. E. S. Bangs and Miss Bullock
were the hostesses. Assisting them in
the receiving line were the members of
the American history section. Mrs. A.
C. Posey, president of Ebell, received
the flags.
Alameria Board of Health Meets to
Appoint Man Who Served In
Cunningham's Illness
ALAMEDA, Feb. 11.—John A Ives
was chosen city chemist today to suc
ceed the late A. A. Cunningham, who
died Sunday. The appointment was
made at r special meeting of the board
of health. Alves is in the employ of a
San Fran< -isco firm. He will be re
quired to give hut a part of his time to
his municipal position. Alves acted as
city chemist during the final illness of
Cunningham. The funeral of the late
city chemist was held this afternoon
from the Cunningham home in Central
a venue. Services were conducted by
Rev. Ffank S. Brush.
John H. Mcholl, Now Vice President of
Institution. Appointed to Higher
Pout; W. K. Cole, Manager
RICHMOND, Feb. IL—John H. Nicholl,
capitalist and now vice president of the
Bank of Richmond, has been named
president of that institution. He sue
( eeds W. F. Beldlng, deceased.
W. K. ""ole, representative of Hetty
Green, will be vice president and man
W. A. Bissell of the Santa Fe will
probably be added to the board of di
BERKELEY, Feb. 11.—M. M. Barnett
presented to the city council this morn
ing a petition urging that children be
permitted to return to school without
being vaccinated, in the districts where
no cases of smallpox exist.
The council referred the matter to the
hoard of health, and that body will take
,-iction only after conference with the
mayor and members of the council.
So long as there is danger of infec
tion, however, the health board, is is
said, will continue to enforce the regu
OAKLAND, Feb. 11.—The home of
Charles Ingler, 480 Thirty-fourth
street, was entered by burglars early
today and articles valued at $70 stolen.
'!'. McCarthy's store, 3820 Grove street,
was entered, but the thieves were
frightened away before anything was
secured. A watch belonging to Mrs.
<!. Fredenburg was stolen from a room
in the Clinton hotel; R. A. Dunnann,
472 Hanover avenue, reported the loss
of a revolver. Albert J. Jewell 724
Thirty-sixth street, says ?S was taken
from his room. -" » _.
Miss Alice Baxley Charged
With Being Untruthful
by Her Fellows
Transferred Principal Han
dles Witnesses in Manner
Most Sarcastic
OAKLAND, Feb. 11. — Testimony
agalnst Miss Alice V. Baxley, former
principal of Fruitvale school No. 3,
and recently transferred to Beulah
school, was given at a meeting of the
board of education this afternoon by
five teachers of the Fruitvale school.
It is proposed to reconsider the action
taken and a full Investigation will be
made upon the request of Miss Baxley
and her friends, who hold that the
grounds for the transfer were insuf
The witnesses were Miss Frances
Eby, who has taught in the school for
eight years: Miss Alta Gillette. Miss
Helen Winchester. Miss Florence Till
man and Mrs. M. Hill. They testified
that Miss Baxley was unable to main
tain discipline, that she was inefficient
and untruthful. Miss Ely told the
board that the principal had often rec
ommended classes for promotion "with
out first giving examinations, and that
she had not always told the truth to
the officials.
Miss Gillette said Miss Baxley had
falsified the time record after getting to
school late. Miss Winchester and Miss
Tillman said she told Miss EL Sherman.
a supervisor, that Miss Winchester's
class had been examined and was ready
for promotion, when this procedure had
not been taken. Miss Baxley cross ex
amined the witnesses, and because of
her line of defense wes reprimanded on
one occasion for her use of sarcasm.
Further testimony will be heard
Thursday afternoon.
I". M. Smith and C. ti. Heeseman \om-
lnated for Presidency at Meeting
lAt*t Sight
OAKIxAXD, Feb. 11. —Further organ
ization of the Oakland Commercial club
was effected this evening at a meeting
of the charter members at the Hotel
Oakland when a constitution and by
laws were adopted, reports of commit
tees were heard and officers and mem
bers of the board of directors nom
inated. The officers will be elected at
a meeting next Tuesday, when a per
manent organization will be effected.
P. M. Smith and Charles J. Heeseman
were placed In nomination for the po
sition of president and the nomina
tions for other officers were as follows:
First vice president. Frank J. Wood
ward; second vice president, Walter J.
Leimert; third vice president. Frank W.
Leavitt; treasurer. J. Y. Eccleston; di
rectors, C. J. Heeseman, W. H. Well
bye. C. F. Gorman, S. H. Kitto, J. F.
Carlston and M. J. Laymance.
A list of 64 names was submitted In
nomination for the hoard of directors,
which will comprise 15. The directors
will appoint members of a board of
governors numbering nine.
Gregg Says Low Rate for Current
Should Induce Municipality to
Erect Slogans
OAKLAND, Feb. 11.— The weekly
luncheon of the Oakland Advertising
club was held today, at the Hotel Oak
land with 40 members present. W. H.
Gregg, division manager of the United
Light and Power company, chairman,
introduced the speakers. He spoke on
the advantages of the low rate for
advertising Oakland by means of elec
tric signs. Mr. Gregg advocated . the
outlining of the city hall in lights and
spoke of placing a big electric sign in
the Key Route basin with the word
"Opportunity" visible toward both
moles. Other speakers were J. A. Mac-
Monnles, speaking on the value of
electric advertising to merchants, and
R. R. Cowles on window illumination.
Arrangements Completed for Oakland
Legislative Luncheon Saturday—■
.lolinmm to Speak
OAKLAND, Feb. 11.—Arrangements
have been completed and the reception
committee selected for the legislative
luncheon of the Child's Welfare league
at Hotel Oakland Saturday, at which
Governor Johnson and other state no
tables will be present. All reserva
tions have been sold. The reception
committee is as follows: Miss Bessie
J. Wood, Mrs. John Mole, Mrs. Peter
Crinnion, Miss Theresa Russau, Mrs.
Nellie Nelson. Mrs. C. F. Burks, Mrs.
C. A. Alexander, Mrs. L. N. Hall, Mrs.
Jennie Jordan, Miss Annie Florence
Brown, Mrs. J. N. Porter, Mrs. W. E.
Leber and Mrs. L. S. Slater.
Feb. 11.—Mrs. t'Htherlne who came
to California In -IS4O, in dead at the home of
her daughter. Mrs. Annie I'ajce. Iftl4 St.
Charles street. She was a native of Scotland
' tad had oassed here ninetieth birthday.
Associates in Cotton Deal
Decline to Follow, De
claring Action Would
Mean Perjury
Declares Client Acted Be
cause He Desired to Save
All Parties Trouble
NEW YORK, Feb. 11.—James A.
Patten, the cotton and grain specula
tor, pleaded guilty in the federal court
here today to the sixth count ln an
indictment charging him with restraint
of trade.
Judge Mayer fined Mr. Patten $4,000,
which was paid immediately.
The sixth count charges that Patten
and his associates, Colonel Robert M.
Thompson, William P. Brown, F. B.
Hayne and Eugene Scales, agreed, un
der a contract, to buy practically the
entire raw cotton crop of 1909 In order
to hold It out of the market until No
vember 1, 1910.
To the seven other-counts ln the In
dictment Patten pleaded not guilty
and they were nolled by the court.
Patten. Eugene Scales, of Texas, and
others were Indicted by a federal grand
jury here more than a year ago for
manipulation of the cotton market.
The government charged that their
acts constituted restraint of trade.
The defendants demurred and carried
their case to the supreme court, which
recently ruled against them.
George W. Merrick. Patten's attor
ney, issued a statement saying that
his client had entered his plea "with
out any- consciousness of being guilty of
any moral turpitude or of offending
in the slightest degree against any
law or proper rule of conduct."
"The contract charged in the sixth
count of this indictment is one that has
hitherto always been deemed commer
cially proper and lawful," said the
lawyer. "Indeed, this contract was not
signed by him and he only knew of It
as having been entered Into by others
and as one entirely proper. This con
tract, moreover, was drawn by counsel
learned In the law and stated by them
to be ln every way lawful.
"Although the Sherman act has been
In force for more than 20 years. It was
never before supposed that a contract
of the kind in question offended
against it.
"This long litigation has been a
source of great expense and care to
my client and he Is now. while un
afraid, unwilling further to litigate,
and so he makes this plea for the pur
pose of concluding an action that, if
continued, would entail still greater
expense, trouble and annoyance, both
to himself and to the government."
Will Not Perjure Selves
NEW ORLEANS, Feb. 11. —Frank B.
Hayne said:
"We were aware that Mr. Patten In
tended to plead guilty. T would con
sider that T had stultified myself If I
pleaded guilty to a charge that I knew
I was not guilty of."
Both Mr. Brown and Mr. Hayne are
residents of New Orleans. Eugene G.
Scales, the fourth member of the pool
under indictment, lives at Waco, Texas.
"Hayne. Scales and myself will not
plead guilty," said Mr. Brown, "for the
reason that we would perjure our
selves if we did so. as we are not
guilty of a single one of the charges
that have been made against us."
"I expected it," said Mr. Brown,
when Informed that Mr. Patten had
pleaded guilty.
Papers Soaked With Kerosene Found
By Fireman—Contradictory State
ments Indulged In
Feb. IL—Patrick Allen
fired two shots from the home of his
brother, William H. Allen, 713 Kirk
ham street, as a fire alarm early today.
Special Policeman Robinson turned in
an alarm and the fire department ex
tinguished the flames after damages
of $1,000 had resulted.
Samuel Short, assistant fire chief,
found several newspapers soaked with
kerosene in the house, and a full In
vestigation was ordered by Captain of
Inspectors L F. Agnew. William H.
Allen is a dining car porter for the
Western Pacific. When Mrs. Allen was
questioned she said her brother in law
fired because he heard some one in the
chicken coop and knew nothing about
the flre.
Inspectors R. V. McSorl*y and Will
lam Emigh learned today that Allen
recently insured the house for $1,000.
No arrests have been made.
Erased Signature Shows Effort to
Cover I |i Taking of Money Given
to Pay Mortgage
OAKLAND, Feb. 11.— J. E. King was
convicted on a charge of felony em
bezzlement by a jury ln Judge Welds'
court today.
King kept 1700 with which Antonio
Maclel planned to pay a mortgage on
property near San Leandro. The evi
dence also showed that he attempted
to clear himself by a forged receipt,
Maeiel's genuine signature being used
after King had erased the main part of
an earlier writing. That King has se
cured $700 from Maciel on another deal
was asserted by Assistant District At
torney Carey in arguing the case.
King will appear Friday for sen
Body of Berkeleyan Drowned at Re-
dondo Beach Due Today
BERKELEY, Feb. IL—The body of
William Ward Britton Jr., the Southern
Pacific employe who was* drowned in
the Redondo beach bath house last Sun
day, will arrive here tomorrow. Funeral
services will be held from the home of
W. W. Britton. 2918 Derby street, Dr.
John W. Buckham of the Pacific Theo
logical seminary officiating. The body
will be cremated. Britton was travel
ing auditor for the Southern Pacific.
He was 26 years old. Besides his par
ents he left a sister, Eleanor Britton,
and a brother, Albert Britton.
BERKELEY, Feb. 11.—Falling from a
coaster wagon while speeding down a
hill in north Berkeley, Frederick Foy,
the 10 year old son of John M. Foy, 1728
Arch street, incurred a fracture of the
left arm today. ,
Oakland Police Aid Clan of
Seven Whose Only Support
Was Felled by Accident
OAKLAND, Feb. 11.—The breadwin
ner confined to his bed with a broken
leg, the mother sick, and their five
little children suffering from want of
food and nourishment, was the condi
tion disclosed today in the home of
John Kalming. 1364 Sixty-fourth ave
nue. , '■
Kalming is a laborer. Several days
ago he was Injured at work. Incurring
a broken leg and robbing the home of
its support. The mother is incapable
of caring for her five little ones. 1< or
two days there had been no food in
the house.
Their condition was made known to
Chief of Police Petersen, who immedi
ately made an investigation. Temp
orary relief was given the family.
Confined in San Quentin,
Mrs. Martin Tries to
Protect Property
OAKLAND, Feb. 11.— Fearing loss
property at West and Twenty-first*
streets through sale for unpaid taxes.
Mrs. Isabella J. Martin, serving life im
prisonment at, San Quentin penitentiary,
has attempted to start injunction pro
A document which she entitled, "Peo
ple of the state of California versus Isa
bella J. Martin, defendant," after the
fashion of documents in her criminal
trial, was received hy the county clerk
today. She stated that the house and
lot in West street was jointly owned by
herself and her foster son, John Martin.
and that her Imprisonment rendered
her unable to raise the tax money.
The document was returned to Mrs.
Martin for correction and will then be
filed. Mrs. Martin was convicted on a
charge of dynamiting Judge Frank B.
Ogden's home.
Breed, Hans and Clark Speak on
Measures Seeking Social
OAKLAND, Feh. 11 —State Senators
A. 11. Breed and George Hans and
Assemblyman AY. C. <'lark spoke on
"Social Betterment Bills" at the lunch
eon of the Social Workers' club at Cap
well's roof garden today. They dis
cussed legislation now pending, par
ticularly the bills having to do with
reforms along social lines. Senator
Hans said there are 42 hill* of this
kind pending. Among others present
were Miss Bessie J. Wood, president
of the Child's Welfare league; Mrs.
G. M. Weymann of San Francisco, Miss
Anita Whitney and several other
Power Concerns Will Cue One Line In
Future It Is Reported
OAKLAND, Feb. 11.— B. F. Wool ncr,
city attorney, Informed the city council
today that at a conference with rep
resentatives of public; service corpora
tions plans were made for another
meeting to be held later in the week
at which an agreement regarding the
pole controversy in Thirteenth avenue
and other sections of the city will be
decided upon. The scheme proposed is
similar to that t in use in Los Angeles,
where the various power companies
make joint use of poles. Tn Oakland
each company has a separate set. Fol
lowing the agreement an ordinance
will be adopted.
Sheriff BrlnKS Requisition for Man
Held for Burglary
OAKLAND, Feb. 11. —Roy Lackey left
the county jail today for Albion, Idaho,
where he was wanted on charges of
burglary and jail breaking. Sheriff W.
O. Pratt of Cassia county, Idaho, ar
rived with extradition papers. Deputy
.Sheriff Soares arrested Lackey In Hay
ward, where he waa living under an
assumed name. Lackey has asked the
board of supervisors to furnish his
wife with a railroad ticket to make
the journey. Sheriff Barnet said he
confessed and will plead guilty.
ALAMEDA. Feb. 11.—Lincoln's birth
day will be observed in the public
schools tomorrow. Addresses will be
delivered at the Everett, Haight, Wash
ington, Lincoln, Mastick and Porter
schools by members of the Grand Army
of the Republic.
Finicky Appetites
Put in Order
Yon Can Sit Right Down and Eat Any
thing Seized i You Get Acquainted
With Stuart's DyS|d§ia Tablets
■With a most the dys
peptic sits down rMV'views with
alarm" his hungry Now,
the best doctrirstt tl «-t people to
hand out to suffejffl|#'Aiomachs is to
couple a square '**" *lWt1« Si -art's Dys
pepsia Tablets. T'..St'f : to a good
meal and eat . r ist, served is
getting back to the * I < l **ys when
grand-dad carv< ' roast; when the
family made a c and when good
appetites with so .nd digestion pro
duced the men *and women that have
made our nation what it is.
Stuart's Dyspepsia Tablets are the
dyspeptic's hope. They are a natural
restorative of healthy action to the
stomach and small Intestines, because
they supply the elements that the weak
stomach lacks—pepsin, golden seal and
other digestives.
If you are afflicted with any symp
toms of stomach trouble be assured
that your digestive organs are losing
power; they need help and there Is no
more sensible help to be given them
than to supply elements which will do
the work of digestion for them.
Stuart's Dyspepsia Tablets have been
found by test to have digestive powers,
one grain of the active principle of
these tablets being sufficient to digest
3,000 grains of ordinary food. It Is
plain that no matter what the condi
tion of your stomach, or how far your
disease has progressed, one of Stuart's
Dyspepsia Tablets taken at meal-tlme
will do the work —give your stomach
an opportunity to regain its lost pow
ers, the muscles will be strengthened,
the glands invigorated, and you will be
a new man.
All druggists sell Stuart's Dyspepsia
Tablets at 50 cents a box.
Wreckers Caught ln Debris; Rushed to
Hospital; Internal Injuries and
Broken Arm
OAKLAND, Feb. 11.—Collapse of a
building which laborers were wreck
ing at the old Oakland baseball
grounds. Freeman's park, resulted in
Injury to three workmen this after-
What This Sale Means to Oakland Shoppers J&jd*'
—This bargain sale is intended to meet the extra trade demand of " V^fi^sK
Wednesday. Free Market Day, in Oakland. /mmX^W^jf^K
—The merchandise in this sale is of standard "Hale" quality, some old
lines to clear at pittance prices; some new Spring lines at special low /£*'•' 'It** ?I % *A"
bargain prices. Rarely, indeed, do you find such prices on such mer=- A&f*'-!' ♦Jf'*'/ _■___
chandise in Oakland. r
—Come early! In the first sale two weeks ago many lines sold out ||>y?
before noon. We can not always foresee the popularity of various l\}%^**xZ&&&4
offerings. Always the early shopper gets the biggest bargains. Come r^^^r^^^Wl*^^
early today! ' It'iyx^f&Jr^
Women's 25c and 50c 15c Passe- /;rfj!^i
■ Polka Dot Hose partout 'X'jlv
*■ ,n *'•<*• n ? vy ' ta V", d u, an j; e , x " Pictures JvJmII
I • ■!v cellent colors, with double heels, « % <m> il ;
I 'AW — toes and soles. Some outsizes. O 1 [•* *'•«*'•
■_T _*Q Pr —SILK BOOT HOSE in black and £Q ©cICII rXlr*_
__k____lA white, regular 50c, special 39c v'»*M6Sr
pair. | w '"<*e variety of hVf'VA
—— subjects; various RmmmMJ I * *\
New Spring Dress Goods i/cs HH_____i
D • r_ f\ r_ 1 „oVJ —PYROGRAPHY -^^Bi
Price, One Day Only, 43c Yard panels, regular
Gray, brown or tan mixtures and all-wool Serges, 36 10c to 35c, at V -S#
inches wide. Also new black and white Shepherd
Checks, 42 inches. 25c Neckwear at
—Silk Remnants 1-3 Off Marked Prices. Collars, Jabots, Stocks, Ascots, *f /\/"*
—$1.00 Silk Velvets, short lengths. Special sOr Fancy Bows, etc., all new 111
yard. and clean. ea
-**% -****_. fsi Just 18 Women's 34 25c Wash Belting
mv M M B ■ Length pi iL p rt _ f Mercerized, plain white, fancy P* tT*
W Covert U>OaiS fig Ure d white or white with S^
01/Ea «=* Sweaters *
Worth to $2.50 -Mr--,
d*_ >ir 1171 •■ nr • . « Flouncings of fine lawn, slightly j
$1.45 White Waists at •*«•* J
Excellent quality white lawn or voile ~J /ard-17-in. Flouncings and
waists, slightly soiled, but once to €m£\ Dorset C ?, ve , some insertions; J
the laundry as good as new. {M_f* sl 'g htl >' solled
$1.25 Long Flannelette *#%/C*> 50c and 75c
Persian Kimonos at 79c W*Z t • i r**
x\T > —o i~* o —• Linoleum Remnants Ij
Women s Pure Linen Suits at Big bargains in pure cork and on it*.
Originally marked $3.95, $5.00 up to _-^ oleum in pieces from 2 to 20 yards.
$7.95. Of pure linen or linene, m\ ft_l Vx Wood, block or tile patterns; all pop
mostly in natural color, some U m "'ar colors. Sale Wednes- Qf\C
light blues and a few whites. Just ~W day only. (Bring measure 077 Sq
the thing for Spring and summer %*¥ m x m tW of rooms.) Yd |
vacation wear. 10c> 15c B i ac k Taffeta Ribbon
-f%g\ $1.45 and $1.95 House Dresses Pure Silk, 3-4 to 4 Inches Wide
A short line of clean house dresses Also 10c, 15c and 25c Short -pi £
\WaTJ\y. ,n good ginghams, percales or Lengths of Ribbon Wednesday *^ Y d
linenes. i at mxf yard. *^
And Scores of Other Offerings—See Windows
Oak- 'ILW r\ Oak-
Store Store
_ . _____
J. JL j_-_C v
■ 'r: m aaaa m
wa Grand Canyon
California Limited
For seventeen years this train has "*'
maintained its superiority among
Transcontinental Limited Trains, by
the excellence of its dining service—•"
equipment and courtesy of its em
' Through sleeper to Grand Canyon. j
Departs 9:30 p. m. daily. ]
Reservations should be made early. '• "■
Jas. B. Duffy, Gen. Agt., 673 Market St., San Francisco . >-■'-
Phone: Kearny 315
J. J. Warner, Gen. Agt.. 1218 Broadway. Oakland
Phone. Lakeside 425 or 426
noon. They were George Mesnicow and
his brother, Edward Mesnicow, 5871
Doyle street, Emeryville, and John
Swanson, 1130 Cooper street, Berkeley.
The Mesnicow brothers sustained in
ternal injuries of a serious character,
and Swanson Incurred a broken arm.
The men were wrecking the old
structure when the roof suddenly fell
ln, burying them beneath the debris.
They were rushed to the receiving hos
pital by Patrolman Edward Conroy ln
the police ambulance.
Idaho Klnaneler Sentenced Six Month*
to Three Years In Penitentiary
BOISE. Ida.. Feb. IL—Edward P****.
former president of the defunct Boise
State bank, who was convicted last
Sunday of making a false report to the
state bank examiner, today was sen
tenced to serve an '.ndeterminate term
of from six months to three years in
the Idaho penitentiary.
IJ Always Has the 11
M \=\ M
Li r—' If You Want a ~7~
Machine The Call I
, Will Save You _T_
E I —l 1 E
i-=- TIME S t
| j MONEY J j[

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