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SBHill Leased Wire Service of the Associated Press. : ""'' Leads all North Carolina Afternoon. Papers Jn Circulation. LAST EDITION. '3j ALL THE MARKETS. - THE BALEIGH E ING TIME VPLUME 27. RALEIGH, N. C, THURSDAY, JUNE 21, 1906. PRICE 6a YEN THE COMMISSION ADMITS RAILWAY'S LEGAL The Southern Railway Has, Under the Law, Violated No Order STATE PAYS COSTS III Filial Hearing; ISofore Indue Pur lid On Order Restraining Corpo ration Commission From Suing the Railway For Penally Attorney CJeneral Gilmer, for the Conimis sion, lleclarcs That There Hits Hern Xo Violation On AVIiich a Suit Could He Hrnuglit. Judge Thomas R. Purneli, in. the federal court this morning, after hearing tho answer or the North Car olina corporation commission, in which the commission admitted that the. Southern Railway had violated no order for which a suit for penalty could be instituted, dismissed the temporary restraining order he had previously issued and taxed tho de fendant.1; with tho costs. The frank admissions of the cor poralion commission, Ih rough Attor noy General It. D. Gilmer as counsel, established the contention of the Southern Railway, for tho attorney general declared that tho commission hold that it could not, sue for a pen ally unless tho defendant had failed to fllo exceptions within ton days, and furthermore that no such suit could be brought in this because the com inisitlon's order .had been vacated by the withdrawal of the petitions upon which it was based Saturday night, June 9th, the cor poration commission made an order and had the samo served upon the Southern Railway commanding that. railroad not to put into effect the new schedule on train No. til, which was to leave hero at 11.59 p. m. instead of 1.40 a. in., until the final hearing on the order of June 2, which com manded tho railroad to show cause why it should not be prevented from changing the schedule. The bon th orn ' Hallway had advertised its ncv schedule. to become effective Sunday, Juno 10, so the order of Saturday night was not. obeyed, Monday, J une 1 1, the Southern Railway secured In the federal court an order, returnable today, restrain ing the corporation commissioners and threo pctitinoers, J. W. Scott, R. C. Lawrence and F. K. Ferguson, from suing ' !io railway for the $500 a day penalty for violation of the commission's order. Tuesdav, June 12, the- Southern Railway filed its exceptions with the corporation commission, also a pell lion for the removal of tho matter to the fetleral court, since Interstate commerce and tho transfer of United States mail were Involved. The corporation commission decid ed to meet Friday, Juno 15, and fix a time for the hearing. However, Friday morning Mr. R. T. Gray, coun sel for the News and Observer, ap peared before the commission and withdrew all petitions against the 'change in the schedule of No. 111. Tho attorneys for the Southern Rail way then stated thnt'they were ready to have dismissed tho restraining or der in the federal court. Today was the time fixed for the final lu-M-ing. on this Injunction. The attorneysY.present beforo Judge Pur neli at 11, o'clock were Attorney Gen eral R. D. Gilmer for tho corporation commission, and Mr, F. II. ltusbee, Mr. James II. Pou and Mr. A. B. An drews, Jr., for the Southern Railway. Could Collect No Peiir.lt y. The complaint of the Southern Railway and the answer of the cor poration commission were read.' At torney General Gilmer then stated that before the final hearing the pe titions filed with the corporation com mission had 'been withdrawn and the previous order thus vacated so there was nothing for the commission to bring suit for a penalty on, even If It so desired. For the railway Mr. Busbee then reviewed tho steps taken In this mat ter, "When the corporation commis sion Saturday night, June 9, made an order in the nature of an Injunction restraining the defendant company from one-ratine its train on the pub-. Ushed schedule, which was to go Into CONTENTION iSJV effect next day, how could wo tell that the order did not. mean what it said?", enquired Mr. Busbee. "While the order read that tho new schedule should not go into effect the next day, how did wo know that tho commis sion held In mental reservation that wo worn not expected to immediately obey the injunction but had ten days to file answer?" Tho commission at that time was not favored with tho advice of the able attorney general, Mr. Busboo observed. Ho was glad that the commission saw the law riow as tho defendant company had point ed it out In the exceptions or answer and it only remained for this court to dismiss the restraining order. Mr. Pou added to what Mr. Busbep stated that: this injunction was neces sary at the time it was issued to pro tect the company from an onerous penalty. Now the commission ad mits tho legal contentions of tub rail way. Attorney General Gilmer again de clared that in no case had the corpo ration commission, which alono can bring suit for penalty .attempted to collect a penalty fo rt he-violation of an order until the defendant had had the opportunity ten days under tho law to file answer. State Pays the Costs. Nearly nil the points involved, so Judge Purneli stated, had been do- cided In tho Greensboro ice and coal case. At tho time the restraining tier was issued, as me tacts tnen ap peared, the order was entirely proper, though perhaps the complain ants might have wailed a day or two for developments.'' Tho corporation commission is given full credit by this court for the faith and sincerity of its answer. .Draw up a decree dis missing tne bill and tax the defend ants with tno cost, except the defend ant Lawrence, who says in his answer just read that ho has no Interest" in the mat ter and ha!; incurred and pro voked no costs. ' Tho cosls amount to not more than $!0, it is said. The answer of the corporation com mission, road by the attorney general, was as follows: . Answer by Commission. United Stales of America In the i Circuit court of tho. United Stales for .'Eastern District of North Car olina, at Raleigh. Fourth circuit in equity: Southern Rial way " Company, Com plainant, '. vs. ;'' Franklin McNeill, Samuel L. Rogers, Kugene C. Boddingfield, members of the North Carolina Corporation Commission, J. W. Scott, K. M. Ferguson, R. C. Lawrence, defend ants. -.-. ; Tho joint and several answer of Franklin McNeill, Samuel L. Rogers and Kugeno .C Boddingfield to tho bill Of complaint of the Southern Railway Company, complainant. Thcso defendants, reserving to themselves all rights of exception .to the said bill and especially protest ing that this court has no jurisdiction oi these defendants or of tho subject matter of this suit, for answer, say: 1 That it Is true that the complain ant is, and for several years has been, a corporation in and existing under tho laws of tho stato of Virginia, and is a citizen of the stale of Virginia with its principal office and place of business in the city of Richmond, and in the said state of Virginia. And it is also true that Franklin McNeill is a citizen of the state of North Car olina and a resident of the eastern district thereof; that Samuel L. Rog ers is a citizen of North Carolina and has his official place of business in tho eastern district of North Caroli na: that Kugeno C. Beddingficld Is a citizen of North Carolina and a resi dent of the eastern district of the said state, and that their co-defend ants, J. V. Scott, R. C. Lawrence and K. M.Ferguson aro also citizens of North Carolina and residents of the eastern district thereof. That it Is also true that those de fendants are now acting as commis sioners and member of the North Carolina corporation commission, un der and by 'virtue of tho, acts of the general assembly of the state of North Carolina, passed at its session of 1905 and prior thereto, all of which said acts are comprised and set forth In the revisal of 1905 of North Car olina, chapter 20 sections 1054 to 1127. both Inclusive. That it Is true that tho subject matter pf this suit is a"fcontroversy between citizens of different states; but these defendants are advised that it is not true as al we,i i narasrauh one of the bill tnat tne am0unt involved therein, ex- clusive of interest and costs, exceeds the sum or value of $2,000 2 That it is true, as alleged in par agraph two of tho said bill, that the complainant company owns, operates and controls rolling stock and motive power, together with lines of rail way, for the carriage of passengers and freight, United States mail' and express matter, and that its lines ex tend through portions of the state of North Carolina ,and through other states of tho United States. And, it is also true, as therein alleged that tho complainant; Is, and was, at the time mentioned In the said bill en gaged in Interstate commerce and In the carriage of the mails of the United States. But these defendants allege that the complainant company is also engaged as a common carrier in tho business of transporting pas sengers nnd freight between points wholly within tho state of North Car olina, and that the subject matter of this controversy does not involve any infringement of tho commerce clause of the constitution of the United- States or of any act of congress there under. 3 That it is true, as alleged in par agraph throe of the said bill; that the complainant operates a train known as train No. 39, for the transporta tion of passengers, beginning in the District of Columbia and terminating in tho city of Atlanta, in tho state of Georgia, connecting with other rail roads engaged in tnter-state trans portation of passengers; and, it is true, that the said train in its passage through the state of North Carolina pus.sos Greensboro, Salisbury and oili er important towns on tho lines of the complainant, company; that while tho said train is engaged in inter stale transportation of passengers it likewise receives and transports pas sengers to and from points wholly within the state of ."North -'Carolina or-jT,,.,t jt , al.,0 tnie, as alleged in the said paragraph,', that'' tho operation or (ho additional train therein men tioned on tho complainant's road be tween Salisbury and Ashevillo wa: and is necessary to afford proper ac comodation for parlies desiring to reach Ashevillo at an early hour and local points along the lino of rail road between Salisbury and - Ashe villo. . It is also true that in order to ac comodate people east of Greensboro along tho lino of complainant's road and along the lines of other roads connecting therewith, '-who desire to reach local stations between tho cities of Charlotte and Atlanta and also be tweon Salisbury and Ashevillo, it is necessary for the complainant to make connection in tho city of. Greensboro with a southbound train. And .these defendants allege Hint the provisions of the order made by the North Carolina corporation commis sion on tho 9th day of June, 1900, could have been fulfilled and tho said connection made with train No. 159 mentioned in the said paragraph of the complainant's bill, and which un der its regular schedule leaves the city of Greensboro at. 12 minutes sifter 4 o'clock in tho morning of each day, without delaying or interfering with tho movements of said train No. 39. That it i:i true that the complain ant has for some years operated a train known as train No. 111,1 leav ing Goldsboro at 9.40 p. m. and reaching Greensboro at 5.35 a. m.; and it is also true that, previous to the 101 h day of June, 190C, the said train remained in the city of Raleigh, North Carolina, from 11.45 p. m, un til 1.40 a. ni., connecting with train known as train No.-' 84 on tho hea board Air Line Railway, which said train was duo to arrive in tho city of Raleigh at 1.05 a. m. And these de fendants allego that it would be prac ticable for camplainant's train No. Ill to leave Raleigh at 1.05 a. m., connecting with train No. 81 on tho Seaboard, scheduled to arrive In the city of Raleigh at that hour and have sufficient time, according to complain ant's passenger schedule, between Ra leigh and Greensboro ,to reach the said city of Greensboro and connect with complainant's train No. 39 re ferred to in paragraph throb of tho bill. , :' ' '. B : . '. That it Is true, as alleged in para graph five of tho bill, .that, the Sea board Air Lino Railway is engaged In inter-state commerce, operating trains from Jacksonville, Florida, nnd be yond, and from Birmingham, Ala bama, passing through the. city of Raleigh on their way to the cities of Richmond and Norfolk, in the state of Virginia. But those defendants allege that the said trains also receive 4n f-nin iininta whftllv pusse..Be. ..... ...... I Wlimn me Hiaiu ui and that prior to mo-iuin uuy ui Juno, 1906, passengers on the said trains for points on complainant's line, west of Raleigh, were enablod to make connection at Raleigh with nlainanfs train No. 111. These defendants aver that they are not ad vised as to the necessity of a connec tion between the Seaboard train No. 84 with complainant's train No. Ill (Continued on Third Page.) FATAL COLLISION AT AHOSKIE Engineer and BrakemanlJolin M. Lancaster of Vance Were Killed TWOMEN WERE INJURED Waller Carter of Windsor, X. C, and O. (). Kins of Portsnionfli, Vji., the Dead. One Freight Kan Into Rear KihI of Another' While Shifting Off Cars. - (l!v the Assoi ialed Prois.) Norfolk. Va., June VA. In a rear end collision between trains on the Allan lie Const.: Lino at Ahoskie, N. I'., this morning lit 5 o'clock, Kiminecr O. O. King of Portsmouth, Va.. nnd Jtrnko ni.Hi Waller Curler of Vindsor, N. were killed. Conductor Moaehnm and nn '-unknown while man were Injured, The injured were ut tended to by throe physicians at Ahoskie. The accident was caused by train 27", Kngimer King,'-' Condnetor llolelling, running; into tho rear of train 2011. Hn gineer Kilmonds, Comluelor Meneham, wlille Nil was shifting off ears. The engine oT one train and six cars were badly damaged, as v,ol ns the ca boose and six rear :irs of the other train. : The body of Fngineer King war. turn ed over lo the iin:'ler!nker al Ahoskie, prepare,! tjor burial nrnl will reaeh Port Norfolk on train VY1 today. The body of the. brakeman was also prepared for burial and forwarded to Windsor, N. r. . It is expected to have the main line cleared by 5 or 6 p. m. today. Wreek ing trains were promptly sent from South Rocky Mount and Pinners Point lo Iho scene of the i'eeideiit. It is impossible to place "the respon sibility at this time. PENNSYLVANIA'S CAR SUPPLY METHODS (lly the Associated Press.) .-Washington, June 21. The interstate commerce commission ini;t today and continued ils inquiry into the eo.'d ai.d oil (raliic of the several railroads. John II. .-.Thayer fourth vice presi.-i dent of the . "Pennsylvania UaUroad, took the slaii l, and under -questioning by Thomas Patterson, general coiinsi 1 for tiie Pennsylvania, .explained 1 1 a method of ear supply, and distribution of that road. ' - - "The basic principle of the distribu tion," said Mr. ..Thayer, "is to taki the 'atingsof the mines as .one factor; their eonmicrei:.! capacity based on I lie tonnage ue have taken for certain periods as another factor, to arrive at the proper percentage,-.and then, in the distribution of tho cars, the indi vidual car and the ci,r which is fur nished for fuel for the railroad com pany is counted against, that capacity. That is the method which was partially put, into effect in Novenibe! last in some of the regions, and on January last finally in nil. tho.. regions on our roads." DENTAL ASSOCIATION PROCEEDINGS (Special to Tho Evening- Times.) High 'Point, N. C, June 21. At the opening morning session of the North Carolina 1'entjl Association today the reports of the standing committees oc pled the attention oi the association for quite av Idle. "lias the Study of. Chemistry and Metallurgy Due Consideration of Iho Dental PiofcssionV by Dr. J. II. Brooks of Burlington, was the first paper. Discussion on the same was opened by Dr. Charles "A." McDowell of Waynes Ville. "Sly Mxperionoe in Oral Surgery as a General Pra. titioner," by Dr. J. C. Held of Marion was the second paper, and the, discussion was 'opened by Dr. W. It. llainsay of-Hickory. "A Few Practical Points on Orthodontia," by Dr. P. K. Mornlou of Winston-Salem was discussed first by Dr. J. A. Oorman ot Ashevllle. "(i)ierative Denistry," by Dr. J. S. Spergeon of Hillsboro was opened for discussion by Dr. J. C. Wat kins of Winston-SaUin. The Immunity Bill. (I!y the Associated Press.) Washington, June 21. Tho house today sent to conference the so called '"immunily of witnesses" bili, the conferees on the part of the house baing Mr. Jenkins, Mr. Little field and Mr. DeArmond. i KILLED BY A NEGRO TENANT boro the Victim SLAYER IN THE SWAMP The Nejiro, Henry I '.alley, Had Been Trading On Lancaster's Credit That I;;1 to a Ouarm l, and Alter a Fight I'uilcy Went and (ol a iluu and Shot Lancaster. f Special So The Evening Times.) New Born, N. C, Jum; 21. John JT. Lancaster, a highly respected citizen of Vnncchoro, this county, was shot and killed by a negro ten ant, 1 1 'nry Bailey, Bailey, hud been trading at various stores on Lancaster's credit,- and tho lalter had requested bini to stop. This led to sharp woidu, and Bail v then sai.l that, lie was going to do :i certain pi 'ce of work fur himself. and Lancaster .told him not to do il, but to work in tho field, as farm work was' greatly' hindered. The n.- gro "refused', and they had a. liglu. Ma Hoy broke loose and went to Ins homo a short-distance .away, got a gun and shot Lancaster dead. The slayer coolly viewed I he corpse, and. .-seeing his vie! i ill dead disap peared in tho swamp. A posse of citizens ai in pursuit." Sheriff Bid dle and Coroner .limes have gone In tho place. Lancaster was about .i:v years of ago and had a family. Ill's wife is prosl rated by the tragi :ly and fears ar; ln-ld for her. jump fromTerryboat ended his troubles , (Py the Associate.! Press.) New York, June 21, A loin; season of misfortune w.Tf brought lo a tragic and pathetic end today wln-n John T. Winn threw himself from a ferry 'boat ami found dealh in the liver, pinned I . i Hi., lniji-1 of bis eo.nl. which he left ,;,..., -,. ,. -v bout's deck, was a note in which Winn declared thai his mind -was gradually giving way under the sliain of his iil luck.. The note di rected that the body when found be taken charge, of by an uiuleri.-iker, whom he named, and added, "Bury it us soon as possible. .Make sine it is dead and plant it al once." Winn was foil y years old and mad-' his home wilh his .brother. .-The. brother said today that John was prosperous and" happy a few years ai;o. His troubles began when his v. ife and child died within a few month.'', of each other. Then he fell ill himself, his business failed, and he was forced to seek work as a truck driver. His health was.such thai he was unable lo work steadily, however, and worry brought on the condition of .mind .which led hi in lo end his life. " - : '' WOULDN'T ADOPT THE PARTIAL REPORT (By the Associated Press.) Washington, June '21. Mr. Foss (Ills.), chairman of the naval affairs coinniillee of tho house, today called up the partial conference report on flie naval .appropriation bill. lie slah d lhal but live items were still in con ference, the first relating to civil war velerans; second, transferring the naval station at Port Koyal. S. C, lo the bureau of navigation; third, con struction of a graving dock of con crcle ami Kianite at Pensaeul.-i navy yard; fourth, giving the' commandant of the marine corps the rank of major genera!, and liflh provisions in rc..i tiou to the big battleship. The house by a vote of S.r to lj re fused lo adopt the conference report. THE LOCK TYPE . . L (By the Associated Press.) Washington, Juno 21. At :i o'clock the sonata began to vote on the typo of tho Panama Canal. Tho vote was on the .motion of Senator Kiltredge to lay 6n the table an ainendment to build a lock canal. The lock type canal won in the senate, 36-31. ANA WON OUT SAYS SHE KNOWS SLAYER'S NAME Mrs. Sfcnton Admits Know ledge of Crime THE CORONER'S HEARING For First Time Today Mother of Mrs. Alice Kiniiaii Talks About ':11m Affair Forty-Six Witnesses Sum in:. ned Story of a Woman Who Was Passing; I lie House. I (By the Associated Press.) Xew York, June 21.- Mrs. Louise Sienion, flie aged mother of Mrs. Alice Kinnan, who was clubbed to death :;l. h T mother's home. in tha Bronx on Juno s; declared today liial she could name her daughter's slayer, or Iho 'person who inspired the criin:.!. .Mrs. .Stontoii had be m closely queslione.l by the police many times since Mrs. Kinnan's dealh; but until today she has persistently denied she knew anything whatever of the affair, il is said, however, that she ban talked ireely with a friend about the revolutions made during the search of her lions?, where a secret room nnd secret closet filled with silverware and oilier Ya-Imiblos wer3 found by Die police. She is reported lo have said Unit the. room in which I lie stuff was found was not a secret room, but was a. slore room and con tained I lie accumulations of years. The) valuables wore cillier presents lo her or had been acquired by pur chase. A hearing preliminary, to the in quest . into .Mrs. Kinnan's death was begun today by Coroner McDonald. Forty-six witness's,, nearly all of thorn"' living'' in the vicinity of the house whoro tho murder was corn mil ted, have ben; summoned. The hearing was S"crot. One of Hi.? witnesses examined by 111'.' coroner today was Airs, Catherine (llah of Philadelphia, who was visit ing her ..daughter near the Stenton home on the night of the murder. Mrs. Cilah told her glory to newspa per men before she entered the coro ner's , olliey She was returning homo from shopping on tin; night of June K, she said, and was passing the Sten ton house, 'whor.') she heard three N'" " "'M " ""Hill" ill I ,. .vi..T. . . ,1111? w il.. so terrified that she remained rooted to the' spot. Tor a moment. Then she saw Mrs. Klenton appear on tho piazza. sh- says, with a lighted lamp. A Moment hilar a woman whom she did not know came running after her, and said there' had been a, mur der in the Stonlon house. Mrs. filah said she left tho woman and walked on. Sho said she did not see the man run out of tha grounds of the Sten ton. house. SENATE COMMITTEE VACANCIES FILLED . (Py the Associated. Pres.' ) , Washington. June 21. At a cau cus of democratic senators today the action of the steering committee in tilling conmiil lee vacancies was rati fied.:. -.Senator. Clay is given a place on appropriations, Taliaferro on finance, Simmons on commerce, and Overman '.on. public buildings and grounds. - ORTHODOX FRIENDS IN CONVENTION. (By the Associated Press.) Providence, R. I., Juno 21. The 2!!.rilh -yearly--mooting' of orthodox riends was opened at. tho .. Moses Brown school in this city today, and will continue for one week. Tho sessions promise, lo bo of exceptional interest,'- as prominent members of the society from all parts of tho coun try will participate, including Prof. Thomas Kewlin of Guilford College, N. C. Prominent workers of other denominations also will take part in the meetings. - New Building In Durham. (Special to the levelling Times.) Durham, N. C, Juno 21. Capt. E. J. Prrrrish has given the contract for the erection of a handsome three story pressed brick building on Main street. Work is to begin on the building at an early date. 1C. LAWRENCE WAS DECEIVED Fooled Into Signing Petition Against No. Ill HE WANTS NO PENALTY Mr. Lawrence Swears He Had No Knowledge of Railway's Motive, Knew Nothing About S. A. Jj. Con nection Hei and Simply Signed Petition at Uequest of News and Observer Man. Mr. Robert C. Lawrence, a mem ber of the law firm of Mclntyre & Lawrence, at. Lumberton, files a sworn answer in the federal court declaring that he signed the petition in the matter of Southern Railway train No. Ill upon the representa tions of a representative of a news paper (The News and Observer) and now that he knows iha real facts ha asks that the court not tax him with any costs. When the Southern Railway, in order to protect itself against pen alty suits for running train No. Ill from Raleigh at 11:59 p. m., the new schedule time, secured from Judge Purneli in the United States court an order, returnable today, re straining the corporation commis sioners from suing for the $500 a day penalty three petitioners, Mr. R. C. Lawrence of Lumberton, Maj. J. W. Cott of banford and Mayor F. K. Ferguson of Southern Pines wero In cluded with the commissioners. The reason for this was that Messrs. Lawrence, Scott and Ferguson had petitioned the corporation commis sion not to allow the connection (? ) between Southern Railway train 111 and Seaboard Air Line train 84 to ha' broken. Now Mr. Lawrence flies his answer, setting forth that he signed the petition under a misap prehension and was deceived by the News and Observer's representative. The answer In full follows: Answer of R. C. Lawrence. In tha Circuit Court pf the United Slates ior Eastern District of North Carolina. Southern Railway Company against Franklin McNeill, J. W. Scott, R. C. Lawrence and others. R. C. Lawrence, one of the de fendants above named, answering the bill herein filed, saith: That as to the allegations of the said bill concerning the motives of the plaintiff corporation in changing the schedule of train No. Ill, he had no knowledge or information prior to the filing of the bill; that tho defendant signed the petition in the bill at the request of a traveling agent of a newspaper, without any personal knowledge, and relying upon the statements of tho agent as to tha facts; that this defendant did not know that tha Seaboard train No. 84 rarely made conneclion with the Southern train No. Ill, and has no knowledge of this fact now, ex cept by the statements of the bill. That petitioner has no personal In terest in the change of schedule, and does not intend, and never has In tended to bring any suit for dam ages against the plaintiff; that he submits the whole matter to the court and will be content with what ever order the honorable court shall make in the premises, but saith that this defendant is not liable for any costs on account of his action In signing a petition to be presented to the Hoard of Corporation Commis sioners, and asks that he be hence dismissed without costs. 1 R. C. LAWRENCE. Judge Purneli stated in his court this morning that upon this answer, showing that Mr. Lawrence had no interest in the matter and incurred no costs, that ho should not be taxed with any costs in the final decree of tho court. SUICIDE ON LONDON EXCHANGE. ("By the Associated Press.) London, June 21. Demetrius SchlUz zi, an old member of the stock ex change, shdt himself through the heart In the lavatory of the stock exchange today. ' Schllizzt was a jobber in the Amer ican market, but It Is said that he had no financial troubles. Hla suicide la attributed to domestic worries. Hla son committed suicide about a year ago. ."--.-." ,r
The Raleigh Times (Raleigh, N.C.)
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June 21, 1906, edition 1
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