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iPufl Leased Wire Service of the Associated Press. V Leads all North Carolina 'Afternoon Papers in Circulation. LAST EDITION. ALL THE MARKETS. ' ... . '.V -i : ' '' . ' Sc. T. tr ft - 'j -Hi- -. - ' ;' : THE KALElGrH EVENING TIMES. VOLUME 27. RALEIGH, N. C, FRIDAY, JUNE id, 1906. PRICE JSc. ALL COMPLAINTS AGAINST THE NEW " a . "I" SCHEDULE Commission is Powerless Says News and Observer's Attorney GIVES UP FIGHT ON SCHEDULE OF NO. Soul he it Railway Indignantly Dc. nies That Operation On Now Schedule Was in Any Contempt of Corporation Commission's Order Railway Always Ready to Obey Jiaw and Valid Orders of Comm'S' slon Railway Withdraws Its Fed eral Court' Injunction An Incx pectcd Ending. All complaints and petitions' before the corporation commission against the new schedule of train No. Ill on the Southern Hallway were tuduy with drawn. Mr. R. T. dray,- attorney for the News and Observer, In a statement be fore the commissioners this morniiia declared "Your petitioners see no good in further pressing the matters now before this commission." The attorneys for the. Southern ac cepted this capitulation of the com plainants with a smile, expressed es teem and respect f--,r the corporation commission and declared if no suit was U be instituted to collect the $Ij0O a day penalty then proceedings in the in'.rui cunt will be dropped.: The corporation commission'-, hud ilxed this morning at 11 o'clock as the ii,,n whon thev would take up the pro tests against changing the Raleigh ...,i,.ii ,.r Tsin.'m from 1:40 a. m. to 11:5 p. in. and would then set a lime for the hearing on the previous order r the commission. But when tho com mission met today matters took an un- expected turn. mr. i. .-.- only counsel for the petitioners present, , ri, the withdrew every complaint ineu asain..i iho . hanifc of schedule. This ends the proceedings for there are now no peti tions or complaints before the com mission on which that body can act. The Southern Hallway was repre sented at the session by Col. W. B. Rodman of Charlotte, Mr. F. II. Bus bee, Mr. Jus. II. Too. and Mr. A. li. Andrews, Jr. After Mr. Cray's with drawal. Col. Rodman, on behalf of the railway,. 'disclaimed any discourtesy o;- disrespect towards the commission u.i tho part of the railway in disregarding tho Katimlav nieht order c,t' tho com- inisslon against putting into offset the new schedule of No. 111. Colonel Rodman explained that Juno 2, when the order was Bervcd on the railway, the company had ten days to file answer, and in this case it was necessary to wait tho ten days allowed in order to ascertain certain material facts. The Southern. Railway had pub lished that the new schedule would be come effective Sunday night. At 9:lo Saturday night an order was served on the railway not to operate the train on tho new published schedule until tho hearing on the previous order of the commission. At the time of the second order none of the law depart ment officials of the road were here and tho superintendent in this division had to very hurriedly decide, without opportunity for consideration whether he would obey the order from the rail road superintendent or tho order of the commission. He had no power to dis regard tho schedule his superior had sent him. Colonel Rodman declared that the officials of tho Southern Rail way had the highest respect for the commissioners and lie resented the charge that tho road treated with con tempt or uisrcspeci any commission or law of the state. Mr. F. H. Busbec, for the railway, said that, in view of the answer filed by tho defendant company last Tues day, he was not in the least surprised at the course the petitioner had now taken. 'He further declared that the Southern Railway stood willing and ready, upon an intimation from the commissioners and petitioners that suit would not be instituted to collect u penalty from tho railway, to withdraw tho action pending in the federal court to restrain tho institution of suits to Collect this penalty. ' Tho hearing in the federal court was to have been held June 21. The corporation commission received the request of Mr. Gray for a with drawal of the complaints, permitted the attorney for tho Southern Railway to file an answer which sets forth' the position of the company and explains fully why No. Ill was run on, the new schedule Sunday night. Then Chair- man Franklin McNeill stated that the -v.-":'' . i WITHDRAWN commission would take the matter under consideration and make known its decision later. Commissioner B. C. Bcddingficld was the other member of the commission present since Commis sloncr S. L. Rogers has not returned to the city. Petition Withdrawn. Mr. It. T. Gray, attorney for the News and Observer, made tills state ment when the commission met: "May it please the Commission: "As attorney and on behalf of and with the concurrence of counsel for petitioners in this proceeding it now becomes my painful duty to stale that no further steps will bo taken at this time by them to enforce the rights to which they are entitled in this matter and for tho following reasons: "The corporation commission act, as construed by tho commissioners, docs pot authorize the issuance of any writ to give effect to an order made by it. Therefore, an order made by the cor poration commission without power to enforce the same, Is of no service in this matter. In addition to this if it should decide this matter in favor of the petitioners the Southern Railway Company would at once remove tho proceedings to U. S, court for review. "A short history of this proceeding will fully demonstrate the truth of this statement: Your petitioners, following the decision ot the supreme court of North Carolina In the Selma connec tion case, 137 N. C, 1, filed a petition asking this commission to preserve a certain connection at Raleigh. There after this commission directed the said railroad not to break said connection. Out of that petition have grown mat ters of the most stupenduous charac ter. In the first, place the Southern Railway deliberately refused to obey said order of this commission requiring it to preserve tho connection which had been in force for many years until the petition could bo heard. The Southern Railway not only treated this order with absolute contempt aim violated the same in letter and In spirit, but It also applied to Judge Pur- ncll of the U. S. circuit court ana on- tained from him an order which prac tically transferred this entire matter Into Ills court. By the order of Judge Purncll the corporation commission, in the- teeth of see. 7'JO of U. S. Revised Statutes, is restrained from enforcing any penalty against the Southern Rail way Company, for this high-hancica violation of its order, and the commis sion itself has decided by its non-action that it has no power to punish the Southern Railway for this act of su preme contempt. Under these circum stances, with a commission powerless to enforce its order upon the one side and an all-powerful U. S. court upon the other, your petitioners soo no good in further pressing the matters now before this commission. They are men of limited means; they are , interested in this matter only as other persons making the connection at Raleigh are intcuestcd and they must, therefore, wait for other times and other days when a legislature will . convene in North Carolina and will pass suen a corporation commission act as will en able the commissioners serving under the same to enforce its orders. All the petitions are, therefore. withdrawn." The Order Asked. Mr. Gray then submitted the fol lowing: WITHDRAWAL OF PETITION. State of North Carolina on Relation of ... the Corporation' Commission. Citizens vs. Southern Railway Co. The rjctitioners in this case' come into court through their attorneys and' withdraw all petitions from the con sideration of tho commission, and re quest the said commission to enter an order accordingly, this Juno lit, isw. (Signed) SEAWELL & M lVliK, (Signed) E; J. JUSTICU, (Signed) WINSTON & BRYANT, (Signed) R. T. GRAY, Bill of Exceptions. Attorneys for tho Southern Rail way filed the following' bill of excep tions with the . Corporation Commis sion at-11 o'clock today: OKDKR. State of North Carolina, On the Rolatlon of the Corporation Commission. v Citizens Southern Railway Company. The Southern Railway Company, a corporation .originally created and now existing under and by virtue of the laws of the State of Virginia, with Its principal and home offlco in the city of Richmond, in the said State of Virginia, and a citizen and resident of the State of Virginia, and not a citizen and resident of the State of North Carolina, excepts and flies with the Corporation Commission of North Carolina this Its exceptions to the order of the Corporation Com mission of date June 9, 1906, served upon the Southern Railway Company at 9:15 p. m. June 9, 190(5, relative to the gctrcdule of train No. Ill of the Southern Railway Company, and states the grounds of objection to tho said order aU follows:' EXCEPTION I. For that under the laws of the Slate of North Carolina, Railroads ai'3 given the power and are required to fix schedule for their trains and to publish such schedules and to ob serve tho same as near as can bo, and the Corporation Commission, has no power, 'under the laws of North Car ollna, or authority to compel rail roads to desist from running its trains upon schedules so published; and the Southern Railway Company exercising said power so given it in comnfbn with other railroads under the laws of North Carolina, had pub lished a schedule for its train No. ill, and the Corporation Commis sion had no power to compel the Southern Railway Company to desist from putting said schedule Into ope ration. EXCEPTION II. Tho Corporation Commission has no power to order a rauroaa com pany to refuse to carry "out a sched ule which it has published that it will run its tmin on; especially has it no power to make such an order just on the eve of the time the sched ule goes into effect, and without giv- ing the railroad company an oppor- tunlty to publish such change of schc'diilo to the traveling public, as is by law required; and tho said or dor was made at night, and served at 9:15 p. m. ou Saturday night, loss than thirty hours before tho sched ulo, which lias bean published, would go into effect, and without giving the railroad company any opportunity to publish notice of the change to the traveling public, or to except to tho order. EXCEPTION III. For that the Corporation Commis sion has no power or authority un der the laws of North Carolina to order a railroad company to refuse to carry out a schedule, which it has published, until after full investiga tion and an opportunity to tho com pany to be hoard and to give notice to the traveling public of tho pro posed change from the schedule as published. EXCEPTION IV. For that the order of the Corpo ration Commission was made in vio lation of its own rules, which allows to a common carrier ten days within which to answer any complaint that may be made against It, and which rules provide for a hearing of said complaint upon testimony, when both parties can be present, and the common carrier can see and confront its accusers, hear the ground of com Plaint and after hearing tho evi dence showing the ground of com plaint, offer testimony to rebut the same; and said order, was made without any hearing or without giv ing tho Southern Railway Company any opportunity to be present and confront its accusers. EXCEPTION V. For that the said order was made without any notice to the Southern Railway Company, and without giv ing it an oportunity to be heard and denied to it the right to confront its accusers, and the right to hear the evidence upon which it was charged, and denied to it the right and privi lege to answer such testimony -with competent and proper testimony, and denied to the Southern Railway Com pany a hearing, which is guaranteed ho it by the constitution and laws of the State of isprtn uarouna, ana was the taking of property of said company without duo, process of law. In violation of tho constitution of tho State, and the fourteenth amend ment to the constitution of the Uni ted States, and denied to tho said company the equal protection of the law, as guaranteed to it by the con stitution of the United States. EXCEPTION VI. For that the Corporation Com mission has no power to issue re straining order 'and injunction, and it was beyond the power of the Cor poration Commission to issue a re straining order restraining the Southern Railway Company from carrying into .effect a schedule for one of its trains, which said company had published would go into effect on the 10th Inst. ' :. EXCEPTION VII. For that tho said order does not contain the names of any person act ing as complainants, and docs not show upon whom motion or request said order, was made, and appoars to be an ex parte order of the Corpora tion Commission, and said order was not suported by any testimony so far as it appears, was not supported by any afnflavlts of any kind, no per son was made a party plaintiff, to whom tho defendant could look for redress in the event said order should, pr might have been held to have ben wrongfully issued; no bond" or security was given to secure and Indemnify the Southern Rail way Company for any loss or damagt the said Company might sustain by (Continued on Third Page.) ABOUT THIRTY JEWS MASSACRED Gity in Possession of the Soldiers Today MOB RAGED FOR HOURS No Resumption of the Killing This Morning A Bomb Thrown Into Nthe Corpus . Christ! Procession Caused the Trouble, It Being Thought to He tho Work of a Jew (By the Associated Press.) Bialystok, Rus?la, June ID. So far as ,n bo ascertained thirty Jews were killed during yesterday's outbreak here. The hospitals arc filled Willi wounded, but it. is impossible to ascei tain tho correct number of the casual- ties, as many of tho Injured are hidden in private houses. All the Jewish shops on the four principal streets were sacked. Military and police patrols now guard tho streets, and no civil ians are allowed to leave Ihelr houses A sort of. 'armed truce has been es tablished pending tho complete resto ration of order. Bialystok, Russian, June 13. When the Associated Press correspondent ar rived here at 4 o'clock this morning the city was in possession of the sol tilers belonging to the Vladimir regi ment. The streets and railroad Btation were occupied by military detach ments, and entrance into the town was prohibited. The population was greatly excited, and tho Jews were terror- stricken, but there was no resumption of the killing of Jews up to noon. According to the information obtain able the attacks on the Jews were pro voked by the throwing of a bomb into a religious procession, that of Corpus Chiisti, yesterday, seriously wounding a priest. Father Fedaroff, who was at the head of tho procession, and sev eral, of his assistants. Tills aroused thf Christian population," and although the perpetrators of tho outrage were unknown, tho responsibility was promptly placed on the Jews. A mob was soon formed, and for several hours ravaged the Jewish quarter, Novo Schosseina, Llpova, Momlelzka and Alexandrov streets, pillaging the shops and hunting down and beating their occupants. About twenty persons were killed and eighty were, wounded. For hours the bodies of the dead and wounded lay uncared for in the streets. The Jews, concealed themselves in cel lars and attics in order to escape the fury of the mob, and .many fled from the city. The governor of Orodno arrived here at midnight, and today is taking all the measures necessary to calm the population. TO WRECK THE TRAIN Lock Broken and Switch Op ened South of Hamlet Passenger Train No. 66 Was Ik-railed But No Passengers Injured Cupt. Gill Had Arm Broken And Was Bruised About the Shoulders- Seaboard passenger train No. 66, northbound, ran into an opon switch just south of Hamlet this morning nnd Fnirlneer John Gill Of this city was painfully injured In jumping from the train, his left arm peine broken and painful bruises received about tho shoulders. None of tho passengers was injured, nor wero either engine or cars damaged save in derailment. The Seaboard authorities said to day that the switch had not been used iiv anv of tho trains during the day and an investigation showed that tho lock had been battcrod off and the switch evidently set for the ma licious purposo of causing a wreck. Engineer Gill saw that an accident was coming, but it was too late to stop tho train and he jumped, with the result as stated above. The fire man also jumped, but was not hurt. The train was running three nours late and the accident at Hamlet be lated it forty-five minutes more. The scene of the accldont was about a third of a milo south of Hamlet. Every effort will be put forth to discover ths culprit who opened the switch. News of the Dewey. (Bv the Associated Press.) Washington, June 15.-The navy de partment today received a dispatch from Commander Hosley, announcing that the drydock Dewey passed the island of Sumatra June 13. . WILL A EXPEL LEGISLATOR Bribery Charge in Massachu setts House COMMITTEE'S REPORT Frank O. Gethro of Boston, the He port Finds, Approached Other Members and Suggested Money Reward for Their Votes Against Bucket Shop Bill. (By the Associated Press.) Boston, Mass., June 15. The ex pulsion of Frank G. Gethro of Bos ton, representative from the ninth Suffolk district, from the member ship ,of tho Massachusetts house of representatives Is recommended in tho report.' made public today of tho house committee on rules, which has been Investigating charges of brib ery during the present, session. The committee finds that Gethro ap proached other members of tho house and triad to influence them improp erly' by suggesting a money reward for their votes against the so-called "bucket shop bill," which was de feated at the present session. The committee find that there is no evidence to show that any mem ber of tho house of representatives accepted a bribe. Representative Simon Swig of Taunton is recommended for censure by the house for having made con flicting statements with reference to tho bribery charges. Tho report condemned those who made wholesale charges that mem bers had been bribed, and who either failed to appear before the commit tee or declared that they could give no evidence, upon oath, showing cor ruption in the legislature. An assumption tbtt the1 'frvfi;n of the press is "license to plunder the character of the legislature or the individual members thereof" was noted, and was characterized by the committee as "a kind of newspaper influence that seriously threatens future legislation in this state, as- "a menace to good' government" and as a "pernicious misuse of the newspa per proper function," which needs restraint. William's Visit. (By the Associated Press.) Christiana. June 15. Emperor Wil liam will arrive at Trondlijem July 8 on an official visit to King Haakon. THIS WAS BOONE DAY Daniel Boone's Statue Un veiled in Louisville Great Floral Parade Reproduction of Attack By Savages On Fort Boonesborougli and Rescue By Boone at Head of Bund of Pio-nc-rsOpcn Air Dancing of Old Time Dances. (By the Associated Tress.) Louisville, Ky., June 15. As yester day was given over by the home coming" jubilee to the memory of Stephen C. Foster, so today was for tho reatcr part devoted lo uanici uii.. m. mnt flm-nl Harade. which had been postponed because of rain, took place today, nfnnv nf the carriages and automo- hiioa in tho nroccssion were elabor ately decorated with paper Mowers. The glorification of uaniei ijoow came later in the day in Cherokee Park. There was a re-union or ine descendants of Daniel Boone in the ,,.!, ,.iin.,T, nhnnt n dozen lineal ,a n. ... . descendants of the local pioneer being present. j v. The statute or Boone, moucnuu uj Miss Unid Yandell of Louisville and presented to the city of Louisville by . C. Bickell was unvcueu. rrho utatuo Htanris half-way UP a densely wooded , knoll, in a charming portion of the park. Breckenridge Castleman of Louisville made the presentation address for Mr. incKcii. a .. frr the board of park AbVCyilWIku - ' ' - commissioners was made by Colonel K. V. Durett. The statue was unveueu Miss Helen Stewart of this city. by the : ecremonlfes at tne Boone statue a reproduction of one of the many stirring events in xne m Boone was given in another part o of tho nark. A stronghold sltuatea upon the summit of a small elevation and called "Fort Boonesborougn was attacked by the hordes of "savages," who were on the point of overpowering and annihilating the garrison, when a swarm of "pioneers" led by "Boone" in person, arrived in time to drive away the "Indians" and save the fort and its inmates. The spectacle was given in a vivid and realistic manner and evoked the hilarious cheers of the thousands who had gathered to wit ness It. Open air dancing finished the day in the park, the program being confined to reels and other dances In vogue a century ago. MINERS' STRIKE SITUATION IN MICHIGAN UNCHANGED. (By. the Associated Press.) Detroit, Mich., Juno 15. John Mitchell, president of the United Mine Workers of America, was in confer ence here last night with John Har ries, president of the Michigan dis trict, with regard to the 2,500 strik ing coal miners in Michigan. Both men were reticent about the result of their conference. The state board of arbitration, which lias been in conference two days at Saginaw with representatives of the operators and miners, accom plished nothing today. The operators adhered to their demand that the miners initiation fee must be re duced from $50 to $10 before nego tiations on a wage scale can proceed. TWO YOUTHS ROBBED EXPRESS COMPANY (P.y the Associated Press.) New I'oiU, June 15. Louis Gross man, a 19-year-old helper on a wagon of the United Stales Express Company, was arrested in this city today, charged with having - devised and operated a system whereby he and his brother William Grossman robbed the express company of nearly $10,000 worth of goods. William was also arrested. The police allege that the goods wero shipped to Youtigstown, Ohio, and that William Grossman., went thereto re ceive them. Most of them have been recovered. According to the police Louis con fessed the details of the scheme. His story, as told by the police, is that he pasted bogus labels over the original ones on all likely packages coming to his wagon. These he re-addrcssed "V. Bennett. Hotel Savoy, Youngstown, Mlilo," v-hcic his brother had gone to receive toeni. , '-'This continued, Louis said, until he misdirected one package to Youngstown, and it was returned to the sender. Suspecting detection Louis went to Youngstown, and with William brought the alleged stolen goods to New York where they wero recovered today. In William Grossman's room the police say they found 112 men's suits and much other clothing. The two brothers were held in $1,500 ball. LIMIT TRAINMEN'S WORK HOURS TO 16 (By the Associated Press.) Washnlgton, June 15. The house committee on interstate and foreign commerce today authorized a favor able report on the senate bill mak ing the maximum number of hours of continuous labor , for railway train men sixteen to be followed with a rest period of ten hours. The com mittee had previously reported a bill on tho subjects and it is understood the senate bill was substituted in the interest of furthering the prospect of completing the legislation at the pres ent session. ; , .'-'? . CHAMPIONS OF LOCK CANAL IN HOUSE (By the Associated Press.) Washington, June 15. In the house today Mr. Littauer (N. Y.), a member of the committee on appropriations, offered an amendment to the paragraph in the sundry civil bill appropriating $25,000,000 for the continuation of the Panama Canal, and providing that no part of the sums appropriated shall be used for the construction of a canal of 'the so-called sea level type. Mr. Bart lctt (Ga.), reserved a point of order against the amendment. Mr. Burton (O.), was recognized for one hour for a speech in favor of a lock canal. CREDIT MKN'S ASSOCIATION MKI5TING IN BALTIMORE. ' (By the Associated Press.) Baltimore, June 15. President O. G. Fessenden of New York called the con vention of tho National Association of Credit Men to order today, and an in vocation was offered by the Rev. An thony Bilkovsky of Baltimore. A num ber of communications and announce ments were read by the secretary. David S. Ludidm of Philadelphia read the report of the special commit tee on adjustment bureaus. The report of the committee on1 fire Insurance was submitted by Chairman James L. McWhorter of Nashville, iTenn. ASSEMBLY ENDS; THIS EVENING Supt. Gregory and Dr. Snyder Speak Tonight rniimTV punTO iircT in iiv i i ri.i nirri Itcjtorts Tomorrow On Work of Wo man's Association for Public Schools City Superintendents in Session Bishop Rondtlialer ..to Preach Sunday Morning Summer School Begins. The twenty-third annual session of the North Carolina Teachers' Assem bly will be brought to a formal close with the exercises tonight, although Sunday morning at 11 o'clock in Pul lcn hail Rt. Rev. Kdward Rondthaler, bishop of the Moravian church, will preach the annual sermon before the body. Tuesday work begins in tho summer school and hundreds of teach ers will be here. The teachers are having a busy day, since much work is being accomplished in the closing meetings. This morning when the hody of 500 educators and : their friends assembled In Pullen hall a paper on "Ethics in tne senooi room was read by Prof. F. C. "Woodward of Richmond Collese. This was followed by a very helpful address by Supt. It. C. Gregory of the Chelsea (Mass.) city schools. Shortly after noon the teach ers visited the hall of history in the state museum and Col. F. A. Olds, in his own inimitable and pleasing way, lectured on the various relics of his toric interest. This afternoon the city school super intendents hold their session and an address will be made before the body by Supt. B. C. Gregory of Chelsea, Mass. "Home study of pupils" will be discussed by Supt, W. S. Snipes of Wins ton-Salem. A special feature wfl be tho round table discussion of varlou topics. The woman's association for the bet terment of public school houses, Mrs. W. R. HoilowRll of Goldsboro president:. Is in. session this afternoon In the ha I of representatives at the capltol. Tho reports of officers, showing the work accomplished Qi'j being presented, re ports are received from the prize win ners In the competition and officers f'jr the year are elected. The Session Tonight. The closing session of the assembly will be held tonight at 8:30 in Pullen hall when addresses will be delivered by Supt. B. C. Gregory of Chelsea, Mass., and by Dr. Henry N. Snyder of Wofford College. There will be a short recital of voice, violin and piano music before the as sembly this evening. A number of the most gifted musi cians of Raleigh will appear, among them being Mrs. H. R. Dowell, Miss Tarbot of Nashville, Tenn., Miss Ellen Durham, Miss Mary Carter Ray, and Mr. Will Pace, vocalists; Miss Hattle Poe Johnson and Mr. James Thomas, violinists; Miss Bessie Sams, pianist; Miss Sadie Duncan and Miss Hannah Baird, accompanists. County Superintendents. The fifth annual session of state as sociation of county superintendent convenes tomorrow at 10 o'clock in Pullen hall. The program follows: , Joint session with the Woman's As-' soeiation for the Betterment of Public School-houses lrr North Carolina. Address: Dr. Charles D. Mclvor, President State Normal and Indus trial College. f What the Betterment Association Has Done in Cumberland County Su perintendent B. T. McBryde. What the Betterment Association Has Done in Wayne County Super intendent E. T. Atkinson. Short Talks on Betterment Work by. County Superintendents. ' Saturday afternoon, 3:00-5:00. Uni form examination, graduation and cer tification of teachers: a. Central Ex amining Board, b. Life Certificates, c. Teachers' Salaries. Saturday evening, 8:30-10:30. Th problem of Getting children ; into schools and keeping them there: .a. Taking the Census, b. Locating Illiter ate Children of School Age. c. What Can Be Done . 1. By the county superintendent and county board of education. 2. By teach ers and committeemen. 3. By compul sory attendance legislation. Monday morning. 10:00. Township high schools. Address: Hon. O. B. Martin, state superintendent public In struction of South Carolina. Reports of special committees. Monday afternoon, 3:00-5:00. What some efficient county superintendents employed for their full time have ac accomplished: . a. In ; increasing the school fund. b. In the training and improvement of teachers, c. In super vision of schools, d. In building .and equipping school-houses, c. In culti vating public sentiment for education. Monday evening, 8:30-9:15. Address': Dr. Henry N. Snyder, president Wof ford College, S. C. . ;.. .
The Raleigh Times (Raleigh, N.C.)
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June 15, 1906, edition 1
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