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Full Leased Wire Service of the Associated Press; ' v Teads all North Carolina Afternoon Papers in Circulation. LAST EDITION". ALfrTHE-MABKETS. THE K A IiK 10 JH ENING . TIMES. RALEIGH, N. C.; f 1 jgXjf, MAY 21, 1906. VOLUME 27. PRICE 60. Mr SENATOR BURTON HELfl GUILTY Supreme Court Decision Justice Harlan Iff DISSENTING OPINIONS Nine Months in Jail of Iron County, Mo., and Pay Fine of $2,500 This Was the Second Appeal Ac cepted Fee for Practicing Ilcfnre Dcpartmcut. (By the Associated Prcsn.V , Washington. May 21. The supreme court of the. United States today ren dered a deelfion in the case of United States Senator Joseph R. Burton of Kansas. The decision was against Senator nurton, nfflrmlng the decision or the United States circuit court for the eastern district of Missouri, by which Burton was sentenced to nine months' Imprisonment -in the jf.il of Iron county, M A., required to pay a line of $2,.1iirt an deprived of the right ' to hereafter hold office und"i- the gov ernment. Tin- opinion was hy Justice Harlan. All of the points rnad? In Burton's In terest were overruled. Senator Burton was prosecuted on 'the charge' of violating section 1782 rl the n vised statutes, which prohibits cenators and representatives from re ceiving compensation for services ren der -d before any of tho government de partments In any matter in which the government may be Interested. He was specifically charged with, nceept- lne a fee of $500 per 'month tor live months from the Rinlto drain & Secur ities Company of St. Louis for services rendered that company in an efTort. to prevent, the issuance of an order by the postofltce dipartmont prohib iting the use or tho mails by the company. This was Senator Burton's Second appeal to the supreme court. In the first casa the circuit court found him guilty-nd imposed the sumo penalty that was Imposed In the present ease, but the supreme court reversed, the decision in the first instance because It was made to appear that the money was paid in Washington and not in HL Lnttls,, whers tho case wat triad. It .was contended on behalf of Sen ator Burton that the fee was paid on account of a criminal proceeding against one of the memlw.rs of the Kialto company and not because of services rendered In the government prosecution of the company.' 'The law under which he was prosecuted was also attacked as unconstitutional on Iho ground that the senate was the solo judge of the qualifications of its members, hut this doctrine was not. upheld by Justice Harlan's opinion. The statute was upheld In all respects and held to be fully applicable to Bur ton's case. Justices Brewer, White and Peck ' ham .united In a dissenting opinion delivered by Justice -..Brewer. Their opinion was based on the theory that the United Slates was not legally In terested n the case against the ItlaUi company in which Burton . was em ployed as counsel. immediately after promulgating its decision in the Burton case the supreme court of the United States today granted a motion to give sixty days to Senator Burton in which to prepare a petition for a re-hearing. The action wilt have the effect of tak ing the case over until the next term of the court beginning in October, as Ihe present term will expire next Monday. That the senate will be compelled to take cognizance or the case is inaieaieci by the decision in the rollowing ex tract: 'The final judgment of conviction did not operate Ipso facto to vacate the seat cf tha convicted senator, nor .compel tho senate to expel him or to regard him as expelled by force alone of the Judgment. The seat Into which he was originally Inducted r.s a sena tor from Kansas could only become vacant by his death or by expiration of his term of oflice, or by some direct action on the part of the senate in exercise of it's constitutional powers." jusuce. nuriiin uiso utriu iimi get-ate could iot coyer an election to the United States senate, as' "they do not ho'd their places under tho government pt, the Uiiited' States." On tholpolnt that tha' crime was not committed at . St. units justice Harlan si.ld: .'..' . , . ' ... . f . U .... .. it Vii. In V1CW til llivntr inro I. vuintwv maintained that .e., personal absence of tho defendant' Burt6n ''from St. Louis at the time "htsfofrof was ac cepted, and the agreement "between him and the company 'was completed and became binding, deprived the fed eral court there of jurisdiction. He sent his offer to St. Louis with tha intent that it should be there accepted and consummated. "Having been completed at that city In .conformity with the intention of both parties, an offense was, In the eyes of the law, committed there, and when the court below assumed Juris-1 diction of this case it did not offend the constitutional requirement that a crime" r.galnst the United States sha'l lie tried In tho plate anil district whore n ....... ' Washington. May 21. If Senator Rur tQn. does not resign "at once" as a prominent senator puis II, a resolu tion will lie introduced to declare his neat vacant. :"'.-'.-' 1 DROWNED NEAR '. 1 WAKE FOREST. ," ; - : ; '',- :;"--.rrr. h J ... .;. j . (Special to the Evening Times.) Wake Forest, May 21. A son of Mr.'.Nonl Bragg, who lives near Pope's church, Granville county, was drowned in Moore's mill pond, five miles southeast of here, Saturday af ternoon., Young Bragg , was about eighteen years old. It. seems that he and friends had been seining near ly all day. Young Bragg was in a boat when a strong wind capsized the boat, and before Bragg could reach shore he took cramp and drowned. He is said to have been an exceptionally good swimmer.' Cotton Warehouse. (Special to the Evening Times.) Greensboro, N. C, May 21.-r-J. E. Latham & Co., cotton brokers here, have leased from the Southern Rail way the large brick building on Main street formerly used for a freight de pot. The building will be used as a cotton storage warehouse. HOUSE TAKES UP BILL Conference on the Hepburn Measure Tonight No Indication That,:. it. .Will Be Ac cepted As the House Passed It- Was Reported By Unanimous Vote Regardless of Party Lines. (Bv the Associated Press.) Washington, May 21. Chairman Hep burn of the house committee on inter state and foreign commerce has called on informal meeting of his committee for tonight to consider the railway rate bill. This is in accordance with the plan announced Saturday that when the bill reaches the house, wiitcn proo ably will be today, it will be allowed to-lie on the speaker's table until some program has been outlined for its con (deration.'- A,s the measure was report ed by the unanimous vote or tne jnep- burn committee these members, re gardless of party alignment, will be called into the conference. As yet there is no indication that the measure will be accepted as the senate passed It. That will be one of the con siderations of the conference tonight. The judgment is that the house will be asked to disagree to the senate amend ments with a request of the latter body for a. conference. LAND FRAUD MAN ARRESTED AT LAST (By the Associated Press.) Ran Francisco, Cal., May 21. S. A D, Putt r, accused of .complicity in the Oregon land frauds, and who has, been hunted for months by the federal au thorities since he escaped from detec tives :t Boston, w?.s arrested at Ala meda yesterday by secret service men. Puter did not willingly submit to ar rest, but attempted to draw a revolver. The detectives 'quickly covered him with their pistols, but even then had much trouble in getting their prhoncr to the police station. Puter arrived from New York three days ago and went to Alameda. He took a room in a lodging house In Park street. Last 'night he visited hi wife at Berkeley, and after remaining there several hours returned to his lodging house. Tho secret service nun learned of Puter's whereabouts by shadowing a woman. He was on hi i way to keep an appointment with thii woman when arrested. Puter had taken the name. of James Wil'.iam Burr and. traveled under that alias since leaving tho er.st. He in formed the detectives that he had en gaged passage on n steamer for China, and intended leaving for that country in a few days. According tt the secrit service men Puter's room In Park street resembled .nd .arsenal. Over his bed hung a rifle and In a drawer was a heavy revolver, besides the one found in his possession when captured. Boston, Mass., May 21. Stephen A. D. Puter. who was arrested at Alameda, Cal., yesterday made a sensational escape from Deputy Uni ted States Marshal W." J. Burns in Boston on March 26 last. Deputy Burns, who had. been detailpd.to find Puter, discovered the man as he was applying for his mail at the Fenway postal station in Boyleston street. He Immediately arrested Puter and started to take1 him to the nearest police station. He had gona only a, Short distance, however, when Puter suddenly pulled out a revolver and; threatened to shoot the officer. Be-1 fore the deputy had recovered from his Bttrprlse, Puter had disappeared. SAYS SENATORS rat BOUGHT Goulden Tells of Wholesale Graft at Albany INSURANCE BRIBERY New York Congressman Declares That State Senator's Job Was Worth $100,000 a Year More About Contributions to National Campaign Funds. , V . (Bv the Associated Press.) Washington, May 21. Some addi tional inside light was thrown on In surance methods in New York today by Representative James A. Goulden of that state, before the house com mittee on judiciary considering the Ames bill for the regulation of insur ance in the Dlstiict of Columbia. Mr. (lOUldcn is general agent of the Pennsylvania Mutual Life Insurance Company In New York. l"Why," ho said, "it was a well con- ceih'd fact that to lie a senator at Albany was worth anywhere from $r,0,n:O to lon.GiW a year, and that the money came from Insurance compan ies. This i-t no secret. Every New York man knows it. 1 know it. I know it well." Touching on the subject of cam paign contributions Mr.' Goulden said that his company had been coerced in'.o giving $10,(00 to a national campaign committee in 18:16. He did not say which campaign committee received the money but remarked that the same thing was tried In 1900 arid J904, but without success owing to the firm ntand taken by Mr. Plimpton of Massachusetts, one of the directors. who declared that every director who voted for -such contributions would be held personally liable for the amount The hearings on the Ames bilj closed with the testimony of Mr. Ooulden. BATTLE OF FEUDISTS Seven Engage in Fierce Fight in Kentucky Recent Settlers in Walton from the Feud .District of Kentucky M 011 11 iuins Citizens Feared to Inter runt Tliem Many Severe Injuries Received. (Hy the Associated Press.) "-Cincinnati, ., May 21. A bloody bat tle was fought between seven men at the Southern depot In Walton, Ky., twenty miles south of Covington, yes terday. William Merrett is In a pre carious condition at his home near Wal ton. His throat .is cut from car to ear. The arm of (Jeorge Marchont.was frac tured by a bullet from a revolver, and Clayton Anderson is suffering from concussion of the brain caused by sev eral blows of a pick handle. Others have many hurts. The Injured are recent settlers In Walton. They came, from the feud dis trict of the Kentucky mountains. Citizens of Walton stood aside and watched the fight, fearing to make any attempt to stop it. After the fight. It was said by those who took part that the trouble arose over an old feud. No arrests were made. FOREST FIRES RAGING NEAR NEW BERN (Special to tho Evening Times.) New Bern, May 21. Foi-est fires are again raging fiercely to the north of the Neuse and the people of Brldgeton are alarmed lest the flames destroy their village. The fire is located along the line of the P. O. & W. Railway. Sun day this city was filled with a great quantity of smoke and ashes from the fire. The fire is caused by the dry weather and has done much damage. TROOPS' LF.AVK FOR ' CHARLOTTE CKLKBRATIOV, (By, the Associated Press.) Norfolk, Va May 21 Captain Zu lick, U. 8. M. C. two officers and sixty eight men have left the Norfolk navy yard for Charlotte, N. C to represent the United States naval service at the exercises in connection with the cele bration of the one hundred and thir tieth anniversary of the signing of the Mecklenburg N. C. Declaration of In- gignei Jn Jfay ms wm,e tne PhlIadel. pMa declaration of independence waa not signe)i until July 4, 1776. captain Zulick and his command will return to Norfolk on the night of May 25. i up COijSUwILiiD W. H. Stuarl at Balc-jm the Victim NO DETAILS RECEIVED Shot at Country Place and Assassin , Kscupt'd Was , An Knglisli Sub ject and Had Filled the Position For Two Years -Acting Consul at Time of Dei (By the 1 Batoum, May oclated Press.) .-tW, II. Stuart, the American vice ,nsul was shot and killed at his ooun'try place last night. The assassin escaped.. Mr. Stuart was a Btltysh subject and one of the largest -j&tilp brokers and exporters of BatoumJ ;During the rev olutionary troubles of last fall - his -life was many times threatened by long shoremen, and at Christmas a iieputn tation visited .Mr. Stuart's ollice and practically -compelled him to give Ihi-m jsI.fiDO under the guise of ,-i holiday gr.-. tally for dock laborers. Washington, May 21. Vice Con sul Stuart, who was killed at' Ba toum, was an Englishman, forty-nine years old, and had filled the position for about two years. At the time of his death he was the acting consul. The state department received con firmation of the murder of W. H. Stuart, the American vice consul at Batoum, Russia, in a dispatch from Ambassador Meyer, at St. Peters burg. The dispatch merely stated that the British consul at Batoum ad vised the American ambassy at St. Petersburg of the murder of Mr. Stuart, and said the murderers es caped. No details of the crime were given. Ambassador Meyer having taken cognizance of the case, the state de partment officials do not lielievo that it requires action at their hands at this moment, it, is not doubted that tho Russian govern -ririt will mal3 every effort to capture the assassins and mete out full punishment to them, and it is consequently felt to be well to allow them to proceed in that direction without, furhor pres sure. -: Batoum is situated upon thc;enst coast of the Black Sa, and has a population of ::o, 000, chiefly Turks and Armenians. The European pop ulation, including Russians, is about "i.OOO. It, is in the heart of the Rus sian oil district, and the shipping of petroleum is the chief Industry. London, May 21.-- Vice ' Consul Stuart's mother and two 'brothers who live in Knglund, have received a brief telegram announcing -'that Mr. . Stuart was shot and killed yes terday evening at: his' country resi dence situated about six miles from Batoum. It is believed Mr. Stuart was murdered by dissatisfied work men. He was not married. : SUNDAY FUNERALS ARE FROWNED UPON (By the Associated Pi'fss.) Des Moines, la., May 21. The Presbyterian general assembly in an nual session here today unanimous ly adopted a resolution calling on the Presbyterian churches of America to raise $300,000 for the relief of the churches which suffered from the San Francisco disaster. The third Sunday in June, or as soon thereafr ter as possible, is the date fixed for taking up a collection in: every church. . The committee on bills and over tures submitted its first report today, recommending action on several im portant issues. : In each case the ac tion o fthe assembly followed the recommendation by the commitee. On the overture of the Presbytery of Topeka, Kansas, protesting against Sunday funerals, the assembly dis approves all work on the Sabbath and requests all ministers and members to aid in diminishing Sunday funer als, except where absolutely neces sary. . . " '."'. . On the overture of the presbytery of Boulder, Col., asking the creation of a society on "applied Christianity" the assembly takes no action. The Smoot Case. Washington, May 21 Consideration of the Senator Smoot case was post poned today by the committee on privi leges and elections on account of the absence of Chairman Burrows, who was slightly indisposed. SLEW DAUGHTER AND HIMSELF Jersey Enjineer r Attacked Wife Also AN AXE HIS WEAPON Young Woman Was looking in Di rection Her Iiover Had Taken in Dcpurting From the House, When Her Father Sprung; at Hr The Mother May Die. (By the Associated Press.) Woodcliffe, N. J , May 21. John Cole, an engineer, killed his daugh ter Maria with an axe today, attack ed his wife with the same weapon, striking her in the head and proba bly fatally injuring her, and then killed himself by shooting. j ue tragedy followed the depart ure from Cole's house of a young man to whom it, is said the daughter was engaged. The girl was still looking in the direction in which the young man had disappeared,, when her father, axe in hand, and upraised sprang out. at her. The girl jumped back, but. as she dodged the father drove the axe into her skull and she fell, dying instantly. As the girl fell her mother ran from the house and was immediately attacked by Cole, who rendered her unconscious with a single blow. Then the man drew a revolver and killed himself. .Mrs. Davis Greatly Improved. (By the Associated Press.) New York, May 21. Mrs. Jeffer son Davis was reported today as greatly improved. AS TO PLURAL WIVES What to Do When Polygamic is Converted Dr. Laws at Presbyterian Assembly nt 'Greenville Says All but First Marriage Should. He Annulled Synod of Virginia Holds He Should He Rrouglit in With All Wives. (I'.y the Associated Press. Greenville, S. ".. May 21.-The active hard work of the general assembly of the Southern Presbyterian Church be gan today. One of the first .matters' to resell 11 conclusion was the adoption of the report of the committee on .church, and Christian education, which urged the appointment of a general executive 'committee and secretary to nave cikukc of the work. Tho complaint of Dr. S. S. Laws against the synod of Virginia was made ih nmiw for 1 he afternoon session, jji, Lnws claims that when a man is con verted, whose country legalizes more than one wife, the man should annul nil mari-iaees excepting the first, ami ihnt when -he is brought Into the church he should not be allowed to marry again until he shall become a The svnod of Virginia, on the contrary, it is alleged, believes it unwise that such man should annual nni- nf the marriasres. but that he should be brousht into the church with all his wives, but should be prohibited from contracting further marriages. Some discussion followed the reading of a telegram alleged to have been sent to a Fort Worth, Texas, paper, concern ing the attitude of the general assem bly to the trial of Rev. W .E. Cald well on the charge of heresy, which it is expected will be taken up by the as sembly in a day or two. The telegram was reported to have been sent by a member in attendance on the assembly, but no one present would admit having sent the message. NOMINATIONS TO THE SENATE TODAY (By the Associated Press. Washington, May 21. The president sent to the senate today the following nominations: Consuls General: Louis II. Ay me. Illinois, at Lisbon, Portugal; Leo Al len Bergholz, New York, at Canton, China; Julius G. Lay, District of Co lumbia, at Capetown, Cape of Good Hope; Ernest A. Man, Florida, at Co penhagen, i Commissioner General of Immigra tion: Frank P. Sargent, Illinois. Postmasters: North Carolina J. F. TaiTott, Klnston; J. II. Ramsay, Salis bury. The appointment of Parrot t at Kin ston means the retirement of Mi's. Hun ter, who has had the place two terms. Chairman Rollins indorsed Parrot!, Forest Firm Subdued. (By the Associated Press.) Marinette, Wis., May 21. All danger from forest Hi-en is past. It rained to day and the wind died out. The loss everywhere is believed to have been greatly exaggerated. The I. Stephenson Company, at Wells, Mich., is the heaviest loser. Its losses will not be more than $40,000. The total loss in the burned area will not be more than $200,0u0. NEW HUNGARIAN PARLIAMENT. (By (he Associated Press.) Buda Post, Hungary, May 21. The new Hungarian parliament held its first sitting today. Premier Wekerle was vociferously cheered on entering the lower house. The dean of the deputies took the chair, and presented an invitation to the house to meet at the royal castle tomorrow, when the emperor king, Frances Joseph, will formally open parlia ment and deliver the speech from the throne. The house then proceeded to elect officers and appoint committees. THE NAVAL PROGRAM Battleship Will be Op posed in Senate Rut the Provision Will Irobably Go Through Will Be 20,000 Tons and Carry Twelve 12-Inch Guns, Two More Than the Dreadnought. Bill Carries $100,000 Less. (By the Associated Press.) - Washington, May 21. The naval pro gram, providing for the construction of one great battleship of a tonnage equal to any afloat or now building, will meet opposition in the senate, but not of such stubborn character as Is thought to en danger its passage. There are several members of the senate committee on naval affairs who have expressed them selves as opposed to- the building of "Ihe gicat, unwieldy type ofthe Dread naught" now being constructed for the navy of Great Britain. These men have announced that they will express their doubt, although they have, not deter mined to record their votes agi'inst the policy of the administration. The battleship proposed by the. pro gram and provided for by the bill as it passed the house, in some features will be greater I ban the l)i eadnaug'.it. The tennage must be as great as the biggest battleship wiv planned. This is esti mated at about 20,000 tons. Its speed must be at least 21 knots, and draft will be about 2S feet. It is In the arnuunerl that it will surpass the ' Divndnaught. According to the plans for this ;;iant defender for the British navy it will have ten 12 inch guns. t'hairni;:.i Fof.s of the house committee on navai affairs. said the battleship for the 1'ni'cd Stales should have twelve 12 inch guns. The South Carolina and Michigan, p'ans for which have recently been completed, are the biggest ships now authorized for the United States navy, and they will have eight 12 inch guns. Tho naval appropriation bill will not be taken up by the senate committee until the last of the week. Hearings will not be had, the house hearings be ing relied upon, so that it should be re ported to the senate by Monday next. It carries just $100,000 less than it did when it was reported from the house committee, the item of decrease being $100,000 for the floating drydock for Chesapeake Bay. Denatured Alcohol. (By the Associated Press.) Washington, May 21. The senate committee on finance today considered the denatured alcohol bill, but took no action. Secretary Shaw will be heard tomorrow, and at the next meet ing It is expected a vote wid be had. The discussion today indicated that a majority of the committee 'is in 1 favor of the house bill without amend- ment. Many members of the commit tee oppose any limitation on the pro duction or any tax 011 the denaturali zation process. Virksburg Company Wins. (By the Associated Press.) Washington, May 21. In an opin ion by Justice Day the supreme court o fthe United States today decided the case of Vicksburg vs. The Vicks bttrg Water Works Company. The decision was favorable to the com pany, although the decree of the United States circuit court for the district of Mississippi was somewhat modified. Warships Sail. (Bv the Associated Press.) Gibraltar, May 21. The United States cruiser Taconia and the United States 'tug Potomac sailed for Norfolk today. THE STAKES IRE $10,000 h Ideal Day for fiie Great Race BROOKLYN HANDICAP Dandelion a High Favorite in the Retting The Field Regarded as An Open One 25,000 Expected to See the Running Dry, Fast Track (Bv the Associated Press.) New York, Mav 21. Twenty-live thousand persons were expected to see the running of the Brooklyn handicap at Gravesend today. The stake is worth about $16,000 to the winner, the distance a mile and a quarter, and the race the fourth of the Brooklyn Jockey Club's spring meeting. With a dry, fast track, and nn Ideal but cool spring day, interest in the running of the big went was high and. there was some hope of touching the record of 2:05 2-C fov the Brooklyn handicap made by Irish Lad when he outran Gunfire In 'I'.'OI!. The field was, however- not re garded as likely to endanger the record of 2:02 4-5 for the distance, which was scored by Broomstick in the Brighton handicap in 1904. Among the eighteen entries Frank R, 'Hitchcock's Hamburg colt. Dandelion, was a high favorite in the early betting, but there was much disappointment over the withdrawal of Artful, the fa vorite and the Whitney entry. But with Dehli, the winner of last year's Brooklyn handicap, the Picket and Proper, respectively first and third in the handicap of 1904, Roseben, winner at short distances, Lord of the Vale and Blandy, the coupled Belmont entry, the field was regarded as an oen na. Adbell, Security, Tokalan and Oxford were among the horses picked for.-a place in the money. . - . First race handicap all ages; about of a mile Lady Aemlia 11 to S and even first; IHalifax 2 to 1, place, sec ond; Edna Jackson, third. Time 1:10. Second Race mile and a sixteenth selling, 3 years old and up Grenade :i to 1 and C to 5, first; Consuelo II, 5 to 2, place, second; Anglo, third. Time 1:4S 3-5. Third race: The expectation; S rur longs Superman 8 to 1 and 7 to 5, first; Demund out place, second; Senator Cia.y, third. Time 1:02. WITH CI'.MBKRI;AD I'RKSBYTKRIANS TODAY. (By the Associated Press.) Decatur. U.S., May 21. Cumberland Presbyterians are awaiting with great interest the decision in the suit to enjoin them from uniting with the Presbyterian church. In court today Attorney Housum of Decatur argued the points at issue, and was followed by Judge Keistl of Evansvllle, lnd. The assembly held only a short ses sion by morning, and adjourned to give the committees time to prepare reports. The delegation to the Intercburch conference on federation reported, recommending for adoption the plun of federation prepared by that con ference. Mrs. Devine Dead. (Special to the Evening Times.) Wilmington, N. C, May 21. The funeral of the late Mrs. Augusta Elizabeth Devine, wife of Capt. John F. Devine of the Atlantic Coast Line Railroad, was conducted this fore noon from the residence on Grace I street. Mrs. Devine died Saturday night of organic heart disease. She was a native of Dinwiddle county, Virginia, but Jiad, lived in Wilmington for many years. She is survived by her husband and six children. She was 74 years old. A Quick Trip. (By the Associated Press.) New York, May 21. The steamer Nleuw Amsterdam, which arrived to day from Rotterdam and Boulogne, made a new record for rpeed on the mute of tho Hol'and-American line. The time os passage fro Boulogne, the last port of departure, to Sandy Hook lightship was eight days, eight hours and thirty minutes. The total dis tance was 3.340 miles which the steam ship covered at an average speed of 16." knots.' The steamer had fine weather and smooth sea. Strike of Painters. (By the Associated Press.) New York, May 21. A strike of the Brotherhood of Painters, which has 7,000 members in this city, was begun today when the painters gath ered at headquarters in great num bers to sigu the strike agreement. More than 3,000 of them arrived there within two hours after the headquarters opened. They demand four dollars a day for plain painting and $4.00 for decorative nalnters.
The Raleigh Times (Raleigh, N.C.)
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May 21, 1906, edition 1
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