Newspapers / Asheville Citizen (Asheville, N.C.) / Dec. 21, 1911, edition 1 / Page 1
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THE' ASHEVILLE CITIZEN. THE WEATHER SHOWERS Cltiien Want Ada Bring Results . ASIIEVILLE, N. C, THURSDAY MORNING, DECEMBER 21, 1911 ) VOL. XXVHL, NO. 60 PRICE FIVE CENTS KEYSTONE ITCH CASE CO. LATEST WOULHE VICTIM Federal Government Files suit Against Concern Alleging Trade Restraint GOVERNMENT SETS OUT SPECIFIC CHARGES Company Charged With De ception in PutUng Out In- ferlbr Grade Cases PHILADELPHIA. Pa., Doc. . Tbe federal government lata this af ternoon filed In the United States circuit court a suit against the Key stone Watch Case company, declar ing it an unlawful combination In violation of tbe Sherman anti-trust act and asking that it be restrained from carrying on an alleged monop oly In the manufacture and sale of watch cases. The complaint declares nat the company now manufactures and sells eighty per cent of all watch cases manufactured and sold in the IsChited, States and that it ts '.'the In tent eind purpose of the defendant that the company shall monopolise the remainder of the trade and com merce." ( : ' The Keystone Watch Case company Is a Pennsylvania corporation. Tie Individual defendants named in tfte bill are Theophilus Zurbrugg. of Riverside, N. J., until recently presl dent of the company; Caleb F. Fox, Phlladelpha, acting president; Ed ward T. Stotesbury, Philadelphia, vice president; John X. Mueller, Philadelphia, secretary; Chas. M. Fogg, Philadelphia, treasurer; F. H, Katn, Philadelphia, assistant 'treasur er, and Irvin M. Smith, director. The watch Industry movement in the United States. Is divided Into two parts, watch case and watch move ment. 'At all the watch cases manu factured and, sold more than 90 per eenjnire filled cases. After .reciting tf history of the organisation of the yehlleged com station, whereby various -vmc.'ps were ecquirou, guvern- tone . National - Watch oomftanr. . where 6V the Keystone company was put In exclusive charge of the en-1 tire export trade of the Elgin com . pany except the trade with Canada, and in 1909 the Keystone' made a. contract wlWi the Walthatrt Watch oompany whereby "Jhe former ' was made sales agent, of the latter In all (Conrtnnwl from yare One) UES1E SENT TO BOTH TARIFF DUTIES ON WOOL ! Recommends Reduction of Tariff Based on Difference of Production Cost AT HOME AND ABROAD WASHINGTON, Dec. 20. ContgTesi will actively begin consideration of the tariff legislation In tbe commit tees bf the house Immediately after the holiday recess though democratic leaders of the huuse, the tariff origi nating body, say that no measure would be ready to report for some iweefcs. Republican Leader Penrose, of the aeoat. said the finance committee ; Wnulj tJAffln Its WATlr n n1 rf r, t t i ine 'Douse, wnue democratic Lieader Underwood declared the bill would net be whipped Into final shape for I report until February. The commit tee, he said, must decide just what rate should be fixed after thoroughly r n TT1 n.in. itm a n n Int. ... , 1 ,k. tntm i . wth mm ; iuhwiwi, ey me unn ooara in xne report which President Taft submK td today to both hpuses of congress. Senator Penrose' announced thai he hoped , the republican senator would be abl to formulate a bill to comply With the tariff board's views. Repre sentative Underwood said the presi dent's message really pointed the ne cessity of a great reduction in weol rate and that he had no doubt th house would carry out the suggestion made. The president In his message, aid Mr.' Underwood, "favors placing a specific, duty on scoured wool as a basis for Importation of raw wool in stead of placing a duty on raw wool and then Increasing the ' duty on scoured wool. , If the ' committee hould adopt a specific rate for raw wool there might be much in the president's argument, but I have no doubt the committee will exact an ad valorem instead of a specific duty." President Taft in. his message to congress based upon the report of the tariff board on schedule K.. ot the Payse tariff act, recommended that the tariff on wool and woolens be ma terially reduced Immediately. Neither president nor the board proposes def inite rates of duty. Mr. Taft recom mends that the proposed revision ad here to a policy of. protection based npou the difference in oest of proy duction at homo and abroad." . II AGCUSEDMiniSTEH INJURES HIMSELF WITH RAGGED 1 Rev. C. V. T. Rlcheson Muti lates Himself and Opera tions Are Necessary- PROBABLY RECOVER . V WITHIN TWO WEEKS By Order of Surgeon Will be Kept Quiet and Not Ques tioned About Act BOSTON, Mass., Dec 2.-rCrle and groans breaking;, the stillness of the early morning hours at th Charles Street Jail today, led to the discovery that the Kev. Clarence V. T. Rlche son, formerly -pastor of Inunanual Baptist church of Cambridge, await ing trial on the charge of having mur dered' Miss Avis Llnnell, the music teacher, had mutilated himself se verely with a piece of tin. ' So serious was the wound that It was necessary to perform an operation immediately. Later In the day the sunt eons said the operation was entirely successful and unless blood poisoning developed the prisoner would probably recover within two week. t, ," County authorities, Jail officials and Munael for' Rlcheson all refused to comment upon the possible mental faoturlng company. Graham, no er jwocesse .which led the accused man ori BtaU Ta. Arlington. Mecklenburg, to the determination to injure himself J no erroT. But, VB, Doster. Union, af or what Influence his act might have flrn,ed;- aarland Clark vs. Mc- upon future legal proceedings In his case. District Attorney Pellitter, who will have charge of Rlcheson's trial, set for January IS, made a ibrtef state ment In which he asserted that the trial Would begin on the date assign ed. t The district attorney's decision that Rtoheson wouW be strong enough to appear In court on the date named, was' corroborated by Dr. .' Howard A. Lothrop, one of the surgeons who at tended the prisoner. . . . Although Rlcheson' counsel would give no intimation whether the .de fense would seek a postponement or take any other action 'because of Rlcheson's act. they did say definitely 43MU-t)e. accuses 1 elesgynia nuhail wounded himself in- an attempt at emasoulatlon. " ' . ' " ' It was about 4 a. m., when a jail attendant head Rlcheson crying: . "Doctor, oh, doctor, (hm, doctor, quiok." , 1 He summoned two other attendants and they found the prisoner lying on (Continued m Page Mxt DEMURRERS OVERRULED or u.s. h coimT Full Bench Decides Against Hamburg - American Steamship Co. DEFENDANTS CITED NEW TORK, Dec. 10 The full bench of the United Btates circuit court today overruled the demurrers interposed by the Hamburg-American Steamship company and other trans-Atlantic lines, which form the "Atlantic conference" against the government's suit for thslr dissolu tion. The government's contention is that "the conference is by reason of an alleged pooling agreement on passenger rates a' trust in restraint of trade and an Injunction la asked to restrain the companies from fur ther execution of the agreement. The demurrers allege want of equity in the government' - petition and 'fol lowed closely the petition lb. the to bacco and Standard Oil casa sus tained by th United States supreme court, in. the. "light, of .reason" and under the "rule of reason." .' The court held further that the averment of the government, made out a combination and conspiracy In violation of the anti-trust law. "Whether or not the statute is di rected against all combinations in restraint of competition." the opin ion concluded, "It is .'certain that it embraces those in which the pur pose and effect are to charge arbi trary and excessive transportation rates. Whether the statute be broad ly or narrowly construed, it is clear that it prohibits combinations' snd conspiracies to- restrain the business of transporting,' passengers when ac companied with act of oppression and attempts' to monopolise. Announcement was then made thit the demurrer was overruled and 'he defendants were cited to answer the government's complaint In February. Former1 Senator John C. . Ppooner In support of th . demurrer con tended that if the court upheld the government's petition and th ports of the United States were closed to the defendant's vessels until the com pany .ceased to operate under the Atlantic conference agreement such action ; would lead to serious Inter national complications between the United States and the whol of Eu rope. . ., .. . .; .- V. SEVEN BUNCOMBE COUNTY OPINIONS WERE JELIIEBED State Supreme Court Hands Down Thirty Opinions. Re mainder Saturday NEW TRIALS GRANTED IN SEVERAL CASES In Two Cases Against P. H. Henry New Trial Granted In One. no Error In Other RALEIGH. N. C, Dec. f.0. The Supreme court delivered thirty op Inions this afternoon and will deliver the final -batch for the term and ad Journ Saturday morning. It Is known that only five cases are to go over to the spring term for decision. These are: Navigation company vs. Power company, Involving the power com pany at Roanoke Falls; Westfeldt vs. Adams, Thompson vs. Power com pany, Rexford vs. Phillips and Hut ton vs. Lumber company, The list of opinions delivered tonight are the follcwingi State vs. Granger and Marlow, Co lumbus, so eror; Eppily vs. Bryson City, Swain, affirmed; Fisher vs. Ohamplon Fibre company. Buncombe, no error; Rogers vs. Whiting Manu- Connaughey, Burk, reversed;, Hospi tal association vs. Atlantic Coast Line railway, Sampson, no error; State vs. Coffney, Wilson, reversed; State vs. Davis, Forsythe, no error;' State va Corpenlng, Macon, new trial; Com missioner of Cumberland vs. Commis sioner of Harnett, affirmed; J, P. Ar thur vs. P. S. Henry, Buncombe, new trial; F. V. Arthur, vs. Scotland Neck Bank, Halifax, no error; Michael va Moore, Catawba, new trial; In re Al. derman. Buncombe, affirdmed; Ep- Pley vs. Bryson City, affirmed: Pat' ton vs. Cumber 'company. Burke, no error; Batsman va, Hopkins, Tyrrell, no error;, Brasilia vs. Dray tea com pany, adJvolkJao errors Buoknesvvs. B. W, Ry. company, Buncombe, hew trial; Hayne vs. North Carolina Electric company, Madison, new trial; Lance vs. Russell, Buncombe, affirmed; Asheville vs. Staples, Bun combe, reversed; Worley va Logging company, Madison, new trial, . re. atrlcted to issue of damages; Beard fConrlnnnd on Pace Fonr) GDMPERS DECLARES THAT LABOR FEDERATION HAS NOTHING AT ALL TO HIDE Says They Are Ready at Any Time to Help in Investigation MEN HIGHER UP" WASHINGTON, Dec. 20. "W have nothing to ' hide. We are ready at any time for the agents of the law to begin Investigation," declares Sam uel Ootnpers, of the American Fed eration of Labor, in an editorial on "Labor's Position Lawful and Pro gressive," which will spear In the January issue of the American Feder atlonist. Mr. Oompers pledges his full co-operation 4n any Investigation which may be made. The forthcom ing number of the official' organ of the federation will be the first to ap pear since organized labor's defense of the McNamara brothers collapsed In their confession of the outrages charged against them. Mr. Oompers confines himself to a discussion of the Issues raised by the McNamara case, saying of the case itself that he and his colleagues will stand by the state ment which they autborixed soon af ter the confession of the brothers. Continuing his declaration that or ganised labor lsready for the agents of the taw to begin the investigation, Mr. Oompers Hays: "Files, records of all kinds, account (books everything in documentary shape is open to them. All that has been printed, or spoken, or written to our correspondent is subject to their Inquiries. Every act of every offi cial may be freely looked into. No one Is going to dodge or run away. Whatever can be done to aid the law will be done et these offices. "This Is our reply at headquarters of the American Federation of Labor of the clamor to get at the 'men high er up' to the repeated announcements in the press of a nation-wide Inves tigation by federal investigation to the assertion that behind tbe McNaimvras were men standing high in the coun cils of labor.' - In conclusion, Mr. Gompsrs speaks of the "concentrated effort and bitter animosity" of the enemies of organ ized labor "to crush out the spirit of the tollers' And leaves as a parting admonition to his constituents. "Grit your . teeth and organise.' - ' . ' RESOLUTION WITH RUSSIA READY FOR PRESIDENT Howe Jjispoted of it According to Program and Spakr Sherman Attached Their Signature$OfficiaWDec1ine to Publish Text , : - of Note Containing Russia's Reply. WASHINGTON. !. IO.CongTess today ratifled the president's notifica tion of the termination of the Russian treaty of UJJ an mm the measure to the president , for his -signature. The house disposed of It, according to program wlthtw 75 'minutes, SpeeJi er Clark signed it at J :6 jk m.( Vlce Presidenc Sherman slgnsd It at 8:61. after the senatH Had remained in ses sion pufttoselri t permit him, under the rules, to affix hat signature, while It was to ssssloh. , Tomorrow congress will receewfor the holidays, which was an important facto In the expedition ,f the .,s1flst!osf :..Itkwsw .purely peinctonirooee3lht n the house tor ' democrats- and' republicans voted together, Maeen," of "Arkansas, demo crat aioae voting n the negative. He explained to the hovise later that he voted asrainst the resolution In a spir it of levity. Durlni the dubete repub licans joltied with their political op ponents In tributes' to Representative dulser, of New Tork, the democratic author of the house bill for accept ing the senate measure amending his own. Mr, Bulaer urred the house to accept the senate's resolution so that President Taft's hands might be up held by the legislative end of "the gov ernment in dealing with Russia and the notice ef the treaty termination made eectlve before January 1. "Mr. Sulxer has shown that he ts acting through he promptings of pa- WILL NOT INTERFERE IF BANKER IMPROVES Taft Desires to Treat Morse Case With Sympathy and Justice WASHINGTON, Dec. 20. Unless the condition of Charles W. Morse, the convicted New York banker, be comes desperate. President Taft, it is declared in official circles here, will not Intervene in the case at this time with a commutation of sentence or pardon. Report received by the department of Justice from the' army surgeons at Fort McPherson, Ga., where Morse Is a prisoner-patient, are said to indi cate some slight Improvement In his condition. If Morse's lllnsss pro trreassd to the danger point. It Is ex plained, the president probably would act. Mr. Taft. those close to him say, desires to treat the question with all the 'Sympathy possible with a light conception of Justice. Replying to criticism of the presi dent because he does not parole Morse, officials today pointed out that thetmnker will nut be eligible for pa role until ISIS when he will . have served one-third of his fifteen-year sentence. Release at this time must be commutation of sentence or par don. LEECH DEPOSED Another of our cherished Ideas will soon be no more. The leech has been deposed from Its sovereignty and Its "passing" forms the subject of an ar ticle in the Mots Iltteralre et prttor esque by Jacques Doyer, who tells us that prior to 1S70 a. dozen wholesale houses 4n Paris were engaged In the traffic of this "glbler pharmaceau tlque." and that they sold between 100,000 and 400.000 a month at the rate of ItO francs or 10 pounds a thousand. On house alone survives and the number sent out is 110,000 and th price has fallen to about 70 franc a thousand. TBE WEATHER , WASHINGTON. Dec 10 Fonuoet: For North Carolina, rain Thursday with brisk northeast winds,- Friday generally fair e That Christmas Feeling. TERMINATING TREATY triotism, not politics," said Republi can Leader Mann, , 1 . " : " Ruiaia's Hift ' ' " ' ' The ': Russian reply to the notice from Ambassador Curtis Guild that America . wished to terminate the treaty of Hit has been 'received at the stat department : The officials decline to publish the text of the. not but admit its contents have been well outlined in tbe news dispatches: from At. Petersburg. Hence It s Inferred that the Russian foreign , office mad no response to Seeretar' Knox's Invi tation to emtoark upon nagotlatlons for a treaty. It may b stated upon good authority that the1 Russian gov, emment does hot lntend'to "be Tuiri-led tn this matter.' but on tb etber hand it doss expect to conclude ev net con ventton before the existing treaty ex plrea December Jl, ltllw Vnques tionably the rtodlflcation of th terms of th original resolution of the abro gation has been a strong factor In in fluencing the Russian government to consider favorably the framing of a new treaty which possibly M eoutd not have entertained under the sense of Irritation that would hav been caused by th adoption of the origi nal Joint resolution In all its severity of expression. Notwithstanding sowie expressions to th contrary, toy Indi vidual senators, th weight of offi cial opinion Is decidedly In favor Of the contention that with-the with drawal of th "favored nation" treat- i ABDICATION OP EMPEROR SAID TO BE ONLY REMEDY Statement to This Effect Made by Premier Yuan-Shi-Kai's Representative SHANGHAI, Dec. 10 "I am con vinced that th abdication of th emperor and the etabl!shmsnt of a republic is the only thing that will satisfy the people and prevent fur ther wholesale shedding of blood." This statement was mad tonight by Tang Hhao Kal representative of Premier Yuan Shi Kal, after th session of ths ' peace conference. Continuing he said: "Peking I not aware of th depth or extent of popular feeling tn th south. Even t, although somewhat prepared, am astonished to And such a change from an attitude of pa tient forbearance to dogged patriotic determination. It ' now appears cer tainly too late to save the, dynasty. It will be difficult to persuade Tuan Shi Kal to abandon his plan for a limited monarchy but we must use very endeavor to secure peace snd end this awful bloodshed and the suffering among my people." Tang Shao Kal expressed the be lief that th situation might have been sawid at one time by a con ference with the revolutionary lead ers and prompt assurance of ad justment of wrongs but hs considers it now too late. He is also convinced that there must be no foreign. In terference in th way of loan or otherwise. Six foreign powers, th United States, Great Britain, Japan, Germany, Franc snd Russia, " united today in presenting an Identical not to Tang Shao Tal and Wu Ting Fang, foreign minister In the revo lutionary provisional cabinet. It is understood that ths note . pressed the good will of the govw ernments represented and the hop that th peace conferences would, re sult In bringing th revolution to a clos. ' ,' In replying Shao Tal said he hoped the conference would be successful In restoring peace. Wu Ting Fang in response said hs was a lover . of peace, and therefore would do hi utmost to attain settlement. "But It must e remembered," he added. that th Chinese ar - flgbttng for Clark and Vice-President ment cuarantsed to American Import Into Russia by th treaty about to b terminated, th full maximum Urlff rates- will automatically beoom f feotlv on American good. Beating an this proposition ts th following extract from th Russian customs tar iff law f 1(10. . . .,- . . , "All product of th countries which njoy tn Russia 'most favored nation' right are eubjsct to the term of th conventional Urlff In Its entirety and to the terms of th general tariff in so far a th latter la not modified by th conventional tariff." . Th Implication t dclard to b irresistible that only th countrte In 'this section thst Is, those having "most favored" right can snjoy th lower rates Of th convetrrtonal lr. Iff. At present Russia attends thos rate to UnlUd State product and it has been uggtd that Russia will contlnu to do so on th ground that th president' , proclamation ,. Issusd th term of th Parne-Atdrloh act, allowing minimum tariff rat on Rus sian goods, I equivalent to "most fa vored nation" treatment. It Is declared that no breach .of dlplomatlo relation I tmpendlnit a preparations are toeing hastened for the early occupation of th palatlat- resldenoe tn tht city of former Vice President Fairbanks by the Russian Ambassador, who sxpects to tk a prominent part Hi th social life of th national capital. T VICTORY JVEfl COUNCIL Acceptance of Russia's De mand For Dismissal of Sinister Foreshadowed TBHBRAN, Deo. 10 Th cabinet ha' won an Important victory . over the national council which foreshsd ows th acceptance of Russia' de mand for the dismissal of W, Mor gan Shuster, th American treasurer general of Persia, unless public opin ion prove too strong. Th national council In a ssssion which lasted from I o'oleck last night, until after iiuumeiii nnaiiy acceplea tns PrOyl posal to appoint a committee-ot flv I aepuuss wun plenary power to deal with th Russian ultimatum. Sixty members were presentand the pro posal was submitted JSy Vosoogh-Ed JDowleh, th forlgn minister and was adopted by a frot of to 1. W member abst Ths composition of th commis sion has not yet been announced Vosoogh proposal! was hotly oppos ed by ' the del.ga.tes who declared that suoh a thlng was in violation of th constitution, yt I stated that th regent Naslrel-Mulk ssrller In the day sum'moned Ith moderates snd threatened to rislgn unless th cabinet' proposal ywas accepted. -'. Th dismissal pt Treasurer Gen eral Shuster ha (been demanded by Russia In her Vltlmatum dsallng with th Perslsh difficulty. For gom days the national council has refus ed to accept the cabinet' prposls wtth rsfersnc to meeting the Rus- mands. The foreign mini"- nted to the council on De- it that the plight desperate as Russia had refused abate her demand but the depur ties In spite of his appeal Insisted that the retsatlon of. Mr. Shuster was Persia' only. hop. , ' " "tsny McOOT VICTOB : r t'' FARTS. Dec 0 "Kid" McCoy, th American pugilist tonight knocksd out Harry Crexon, an English fight er, In th third round. freedom- and good government and that hasty peace might lead ts e- Hetig consequence perbap to' v - worse revolution. - , FRICTION BETWEEN LAW OFFICERS IN DYNAMITING CASE ; ' ', . . '' County Prosecutor Forcibly Takes Detective Before. Tho CrlminalJudge rt iiufi Brum INTERFERED WITH ' County Prosecutor Will Havo to Answer to ' Charge of , Contempt of Court J INDIANAPOLIS, IndU Dec- 20.. Aassrtlng that Robert J. Foster, ' s t detectlv engaged by th National BreotoM' association ' In th dyna-. with him. County Prosecutor Frank P. Baker this afternoon forcibly took Foster befor Judg Joseph Marhsy of t) criminal court and asked for urotctlon, Judge Marksy who wt conducting murder-trial reprimand' ed th prosecutor for interrupting, but Mr, Raker persisted and snatch-J Ing a club from a policeman, threat nd Foster, court officer drew Bak er away and Judg Markey ordered him to appear In oourt tomorrow to how cauxs why ' h should not be held In contempt . The Judg took no oognlsanc of th charg against Foster. f - Immediately r; after . th incident, Mr. Baktr wa subpoenaed to ap pear tomorrow 'befor tie 'federal, grand Jury to testify In the govern msnt's Inquiry in th -dynamiting eas. The encounter between Bkr' and Foatsr was the result of friction between the prosecutor and Foster' superior, Walter Drew, counsel fur. th BrartortS association. Drew had said Baker had been negligent In pressing th Investlbatlon locally. Baying h wished to know if. Drew had any new information about th ll.n.Mlttiia Ma mm Ik. imms.m(,m. a, . n 1 moned him to . Appear before th county grand Jury, Draw fend Foster wnt to th . court . house together. In a, corridor Baker cam upon Fos ter,' accused him of shadowing'' him and pulled ' him Into th criminal court foom. : ' .' Wanted Protnrtlon ' 1 " "Thl man la Interfering with me; and I want' protection,":, said tb prosecutor angrily. ; "Thr I a trial tn progress hsr, returned 'Judge Markey. "Tou ' ar not bringing thl man befor m re-' gularly. , Thl I contempt of court., "I wilt show who Is in contempt,"" shouted the prosecutor and Jerked1 th ollub from th policeman. , Attar th judg ordered Baker to appear and show nhy fh should not' b held for contempt. Foster left thj building and 4 Baker wnt to th Bounty . grand juhy room to ,eiamlnej Drew, . Th federal Jury today had befor It Bupt, of Folio Martin Hy-J land. Chief of Detectives Wm. Holt and pollcemsn who raidsd th offlccsj of th Iron worksrs' association on' April It, laat. whn th secrtary-l treasurer, Jon 3. . McNamara. wag arrested. Th detsctlvss were u-' tioned as to thslr Investigation of ex-; plosion In building erected by an employer of non-union Iron workra' In this city In 10. WILL PRESENT IJOTIOr FOR NOT GUILTY ROO IN LIEUT PICKERS' defense lims so Case Made it District Attor netr's Statement : , MOTIOir OPPOSED CHICAOO, Dec. "10. Formal notles' that th defense wilt present a mo tion In the near future to have Judge, Carpenter instruct the Jury to return verdict finding the ten Chicago mean packers charged with criminal viola tion of the Sherman anti-trust, law not guilty for the reason that United? Hate District Attorney Jam H. Kil- kerson failed to make otst a case la ' his opening statement to the Jury, wa given today by Attorney Levy Mayer, at the opening of the afternoon sss- slon of the trial At the same tlm1 Attorney Mayer moved to dUrmls count two and three of th indict ment because they do not mention th National Packing oompany. which th government contends, wa the instru ment used tn fixing th prices of meat and; to have th Jury instructed to dis regard certain other allegation mad, fay District Attorney Wllkerson a not; coming within the three-year periodj covered In th tndiotment , The act of th defense earn a a. surprise to th government and caused Judg Carpenter to adjourn court until to morrow when he will rule on the mo-; tion. District Attorney Wllkerson vig orously opposed the motion mad ty th defendant's counsel and explained tt was necessary for th prosecution! to plead to all th evidence in th cuse)
Asheville Citizen (Asheville, N.C.)
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Dec. 21, 1911, edition 1
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