Iola Daily Register And Evening News from Iola, Kansas on September 25, 1907 · Page 1
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Iola Daily Register And Evening News from Iola, Kansas · Page 1

Iola, Kansas
Issue Date:
Wednesday, September 25, 1907
Page 1
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ft TOL. IX. Xo. 401. Whole l&p. eS'l. SIX PA6E8. lOLA, EAK8AS, 8EPTEMBEB, S5, 1W7.-WEDXESDAY ETEXDTG. SIX PAGES. PBICE TWO CEimiL COUNCIL MUST ACT S. WALSLT FBOPERTT U>V>EKS IX8TITLTE MANDAMUS. ALTERRATIYE mi 6RANTE0 COUNCIL MIST PUOCEED WITH WOBK OR SHOW REASON. A Law SBK Will Probably Follow, Hewerer the^^onrt Decides. The South Walnut curbing trouble went in the district court today when tbo property owners instituted mandamus proceedings to compel the city to complete the contract. Judge Foust granted an alternative writ returnable next Tuesday. The council, according lo the court's order, must either proceed with the work or come into court next Tuesday and show why. The plaintiffs in the action are tevi­ dent property owners on South Walnut between Broadway and Vine streets where the work has been left unflnished. The plaintiffs are L. }{. Wishard, J. W. Coutant. H. T. Evans. J. E. Chastain. W. S. McNeil. C. W. McNeil. C. P. Smith. H. O. McNeil and W. L. Allison. The action is directed against the mayor and cit:^ council. All parties Interested are probably glad that the matter has gone into the court.s. At least all have manifested a desire to have the trouble adjusted. The'trouble arose when the property owners appeared btforc the council with a written protest against the curbing claiming that it was not up lo the specifications. They cited a number of what were alleged to lie defects In the work. It was claimed among other things that ti was inferior In that it was not substantial. was not as deep nor as wide as the specifications called for. The council men looked the work over but there was a difference of opinion as to ; whether all of the objection s raised i against the work were just. The position of the contractor was that with the exception of a few minor detects which he agreed to rt -medy. the contract was all right. The work w^ith the exception of these minor defects had passed the inspcciiou of the city engineer andthe city curbing inspector. The properly owners said tliey would bring mandamus proceedings to prevent the city from assessing the special tax to pay for the curbing. The council was of the opinion that the matter might be adjusted and called Contractor Myers off the South Wal nut job pending negotiations for settlement. Sei'eral efforts were »nade to settle the matter out of court but they were unsuccessful. Contractor .Myor.-. offered a sli^t rebate but it wus not satisfactory to the council. If a preemptory writ compelling thp council to finish the work is graived by.the court next Tuesday, it Is up to the city to reject or accept the work. If they reject the work the contention will then be between the council and the contractor. If they accept it the contention will be between the property owners and the city. In any event a law suit is likely to grow out of the controversy. TO LEASE 250 ACRES the titr Today. Contracty THE WEATHER. Forecast for KUSIM —Fair fonlirlit, probably becomlof inseUIed Than, day I rivlnir temperature. Uaia recorded at local ofHce, V. S. Weather Bureau, yesterday, today and a year ago. Yesterdjiy. Yr. Ago 2 p. m I> 82 4 p. in "B SI 6 p. ni fO "6 8 p. m 60 6S 10 p. ni fiG • 66 12 midnight :>2 C4 Mas. Temp 78 82 MIn. Temp 52 fiP Precip. 7 p. m 0 0 Today. Yr. Ago 2 A. m 5/ 6.') 4 a. m 47 64 C a. Ml 44 64 8 a. :ii .")0 69 10 a. Ill 5!» 78 12 noon 66 8U Precip. 7 a. m 0 0 MR. UNYON DENIES IT HAD ARM DLOWN OFF Kaiiter Kongontkl MeetM With Serious Arcldent Today. Kaiser Kongorskl. a thirteen year old loia boy. had his right ami shot off shortly after dinner today while hunting northwest of town about tUrse miles. He was with two companions. Merle Stilwell and a boy named Oliver He was pulling a shot gun through a fcdice after him when it was accidentally discharged. The arm was terri- My shattered and will have to be amputated between tUe eiDow and the shoulder. He was placed in a boat and brought down the Neosho river to the power house and taken from there to his home. NEBRASKANS FOR TAFT PARTY DECLARE ITSELF A«AI>ST FEDERAL IMERFEREXCE. ADOPT A NEW PUTFORM PARTY DECLARES ITSELF TO BE AtiALN.ST FEDERAL INTERFERE>CE. DR. CHADWICK IS I> WANT. The Plight of the HuNband of the Wu' nmn Who Borrowed MilUoui<. Says Rumor of Purcliasr of Laiiyou. Starr Works Is Without Foundation. (Pittsburg Headlight) A nunor hahs been current anioug the smeller circles and ore buyers for the past two days that A. B. Cock erill. of Nevada. Missouri, had pur^ chased the plants of the Lanyon Zinc Company and also it stated that the p^anl of the LanyonStarr pla^l^ in BartloKVIllt.. Indian Territory, was al so liicludod In the sale. President E V l.auyon of the latter plant and company, was .seen today regarding tbe rumor and when asked about bis deal he rtiplieil: "'if the LanyonStarr plant is t :old I have not heard of i And I believe that I would have got some inkling of it in soni .T way." and he smiled in a knowing way. "l heard that this morning," he went on." but thert. is nothing in it and you may say tliat the I.auyon-Starr plant Is not sold. As for the Lanyon Zinc company deal along that line, of course 1 know nothing about, for we have no intcj-ost in the company whnever The runior started from lola. I think, and as it traveled the Lanyon-Starr sail, was thrown in to make good niea .'iure. or the rumor to travel on. Of course if thp Cockerill symlicatp offeres enough of money for out plant down tiiero they will certainly pet it. but they have, not even mentioned tht matter to us. If thev should want the plant in this city thsy will g .M it too. but again I say we have not been approached In the matter whatever in any manner or form. \ snieltPi plant, if sold when now and enough of money is got out of the deal, ir would be foolish to hold It. That i."; always my plan in th"y Fni **Iter busi ness or in anv other kin ^i of hupiness" WHERE WILL THE STAR UOl Unlets present plans are interrupted, the chy will have secured leases on about 250 acroa of gas land by tonight. Last evening a lease was tak- . en on the 115 acres of Mrs. R. M. Purdom and 12 acres of Mrs. .M. Homey. V? southwest of the city. This afternoon a deal will be closed for a 125 acre tract of Mr. Jacoby west of town. Mr. Jacoby has already agreed to terms and will be in town this afternoon to close up tha matter. With this ad ditJonal territory, the gas department of the city is in better condition. - The leases have been hanging fire while the wall on the Young farm was being drilled in. Had the well been a dry one. the city would not have wanted this territoyr under Ir^se Had the well proven an esi)ecially fire one. It is not likely that fbe owners of the land would havfi given a lease at all.. As it is the well is only ordinary, probably 4.000 000. It is be- lug drilled in this afternoon. These leases were secured at the high rate of 110 per acre. Three mora welte will likely bje drilled. MAY BEMQTE HIS "TMPS.- Trslley Lrarae Ofiirers to Investigate Protest Afalnst Fmpire Thompson. . A maeting of the officers of the Trolley leacne has been called for to- nlsht by President X. R. Graham, for the parpose of investigating several matters In connection with the league the most important of which is the protest against Umpire Thompson. Bereral of the teams declare that Mr. Thompson is incompetent and ask the leagae tor his removal. Miss Barbara Fry Is entertaining her sewing club today. U . 'thB Toon* Ladles' Sewing club baa JWM postpmed tor this w^. K^-^WJJlIn JCacitret Templla^a&d /Hiss K -:it0 ^JMuds. flf Tates Center re- ^^^ilianMa hflM a vlat with Mrs. Ukluboma's Admission May Cause Re- Hrrangement of tbe Flag. Washington, Sf*!. 25.—.\ score or more of letters have been received at he state department making sug gestions as to the manner in which the stars of the national flag shall be rrangC'd after the addition of one to represent the new sttte of Oklahoma. Some of ihesa letters are ver\" exten lye. and in one case an artistic Valer color sketch was inclosed embodying the ideas of the writer. The corres})ondence was referrjd to the solicitor of tlie state department who looked up the law on the subject He found that the only provision in the statutes was one which required that a star be added to the flag for each state when it is admitted to the Union, and that the change shall he made ou the Fourth of July following. The state department finally decid- td to refer all the correspondence to the navy department and this has been done. It was explainc/1 that lha reference to the navy department is in consequence of the generally accepted view that the navy is the custodian of, and authority on. tbe l!ag. although !t was admitted that there >~as 'aw or regulation creating it ?6 sucl'. The navy had issued a manual ol flags for oiflcie' UP= in this country, and for international use by the United SUtes. printed at the direction of congress. It has b«»en used as n handbook by the commanders of all our ships. The navy and state department of- f.c'als Incline to the belief that the i).'esent blue background upon which tl:e white stars are set is now crowde<l and that the addition of the star for the state of Oklahoma will force a complete rearrangement of tha stars so BF to make them appear s>-mmetrical. lnforaa:iy tliey say that this will probabl.v be done by an order rfom the president. Cleveland. Ohio, Sept. 25—Dr. Leroy Chadwlck, husband of Cassle Chadwick, who handled luilMons in borrowed money, and who now is serving a sentence in the Ohio penitentiary at Columbus, is poverty stricken in Klondn. "Dr. Chadwick isworkiug around in his brother's store in Jacksonville do- hig anything to ki#p himself and his dau(!hier, .Mary, from want. The doctor is in such poor health that it is a crime to keep hUn under indicment here for th« crime his wife committed and niiir his return to face the peoplo who once called him a leader," said Jay P. Uawley. attorney for th? phy- .•iTian. Three years ago Dr. Chadwick was a leader in the medical profession in Chveland. TO SUE W. U. AND POSTAL. Would Efcu Be Willing to See the Constitution Amended on This Basis. The Kansn.s .Service Bad. .Suys ('um> missioner Frank Ryan. Tojieka. Sept. '.'.'i.— Frank J. Ryan of Leivpnwortl). si member of the board of railroad coninils.-^ioncrs. star; ed tmuble for the Woatern T'nion and Postal Tclegraiih .--omiianies today when he called on the attornn.v gen cral .ind asked that suits be brought against both companies liecause thry are not eivinir good soi-vico at various ixUnis. He w.anted the attorney general to ask for writs of mandamus to compel the companies to give better s?rv!ce. esp(.-:ia11y in Leavenworth and Wyandotte counties. Ryan was told, however, that tlic attorney general did not believe such I action was oroper, ,ns there was now a MS"-, in the Suprems court of the United States in which the state was trying to compel the Western ITnion to pay its charter fees. The Postal alreadv has paid its fees. On th.» advice of the attornf.v genor- a;. Mr. Hyan will appear before .To .5 eph Taggart county attorney of W.v- andottp county, ond Lee Bohn. conn- t.v attornev of Leavenworth county and ask them to brlnu mandamus proceedings aeainst both companies. Th'. business men of Kansa-? Cifv, V.'est Side have complained that neifh er company has kept offices open in that town since the strike and there i.s no niphf telegraph service in Leavenworth. It is to compel the companies to open the offices in City and to cive night Kor \'!ce at Leavenworth that the suits will be brought. Mr. R.van said that he woi»lff visit other counties where complaints were made and try to have the county atfor- ne .vR bring similar suits. Mr. Ryan a mi -"her of the Order of Railway Telegraphers. TWO CENT LAW EXPENSIYE. The .Missouri Railroads Hare Lust $1^00.000. S. Louis, Sept. 25.—.Vccording to compiled statements made by various Missouri railroads, the operation of the 2-cent fare law has cost them one million and a half dollars during the past three months. It was announced today that the trunk lines have joined to fight a further enforcement of the law . London. Sept. 25.—The Countess Monilgenoso. ex-crown princess of Saxony, and Signor Toselll, a music master, were married today at the register's office on the strand in this city. Fire Destroyed County Bnildlnn. \^^pakoneta. O., Sept. 25.-»Fire today destroyed one of the buildings at the County Infirmary and threatened others. There were forty Inmates but it is belloTed that all were Uken out safely. Mr. mnd Mrk' Robert Pletcher will leave thhi ve^ for CoOfeyTllle where tber ace to Ute.' DRS. l^^THROP and Lathrop .ves jbtrday moii.d from the rooms over ithe Our Way restaurant into the Fun- Jer building on the East side of ihr quare. squan THIRTY days In the county jail was the sentence received this morning by A. Woody in Judge Hough's court. Wioody was arrested night before last by Officer Frederickson of Bassett for assisting the Bradford brothers In otealing junk from the lola Portland cement plant. Lincoln. Neb., Sept. 25.—Nebraska republicans In state convention yesterday, unanimously indorsed William H. Tafi for the presidential nomination. The convention was unique in Nebraska, in that its only work was the adoption of a platform, the new primary law having taken from the convention the power of nominating candidates. An unqualified indorsement of Pres Ident Roosevelt's administration and leadership is given in the republican platform. A continuation of his policies Is insisted on. and a reference to Secretary Taft is made as follows: While not presuming to forestall the| action of any future convention we express the belief that the repuDltcans of Nebraska recognize in William H. Taft of Ohio one whoso personal character and whose long public service UKirk him as pre-eminently the man under whose leadership these policies would be perpetuated. The platform declares the republican luirty of the state committed to the following reforms, which it has inaugurated: "A state-wide direct primary. ".MiOliiion of the free pass evil. 'Comprehensive powers for tht stale railway commission. ".More equitable rates for transportation of passengers and freight. •Equal taxation of railroad property for city "Abolition of fellow servant law and full employers' Uabilit.v." Agahist Federal Interference. On federal judiciary interference in states the platfomrsaj's; "We favor the enactment of a federal law and. if necessary, amendment to the federal cpnstitution which will forbid the federal courts from issuing writs of injunction against state officers charged by law with the enforce ment of state statutes." The feature of the democratic convention was tlie speech of W. J. Bryan . He congratulated the parly, state and national, on having emerged from the valley of the shadow of death, which, he said, the republicaflS. hopelessly divided, were just entering. He insisted that the title of "Great Post- poncr • belonged to Secretary Taft. because, while he favored tariff reform, he was obliged by the party pressure to advocate putting off the day of action. Mr. Bryan assisted in drafting the platform and its declarations are assumed to reflect his views of what the national party declarations should be in 1908. TAFT NOW IN RUSSIA Secretary's Visit Will Probably End in an Alliance Between U. S. and Russia. St. Petersburg. Sept. 25.—Secretary Taffs tour of the world is being followed with iinusual interest here. The government is taking measures to surround the journey through Siberia and Buroiican Russia with attentions usually resened for rulers of states, and the press is busily speculating on the like^l'iood and advantage of the Russo- American convention, the object of Secretary Taft's trip to Russia being, it is alleged, to negotiate an agreement between the United States and Russia. The conviction prevails here that war between Japan and the United States is inevitable in the distant future. TRAIN TELESCOPED IN TUNNEL. Nineteen Persons Injured on a French Railway. J. M. Nbwell who was formerly cop- nected with the Neosho Valley Land company, is back into the real es- atte business aeain. He has accepted a position in the office of Badwell & Ray. Reports are to the effect that Fairmount College, with its usual luck, has succeeded In hiring a number of corking good football players. We gather from Jimmy Durham's showing at Wichita Sunday that.he limagined he was still playing with' 'Kansas City. A casual i>eru8al of Oktiihoms's new oonstttBtloti leads to thi-eonelnsion that there-Is nothing In It that is go^fNorember. log to bnrt the^drog btfilnen. ^ Nantes. Sept. 25.—A transatlantic train earning first class passengers fi-om Paris to Cherbourg, wbere they embark o nthe White Star steamer Adriatic, was te'escoped today in the Brevll tunnal. Nineteen persons were injured, none fatally. The names of he injured are not yet available. Several suffered broken limbs. In the smoke and darknass an awful panic ensued. An American girl who was going home with her moUier was pinned down by some Irm work. Hours elapsed before the girl was extricated from her painful position. The mother escaped from injury. It i<: a miracle that no one was killed. THE MARKETS. Kansas City, Sept. 25.—Cattle. Receipts 13.000. Ten higher. Native steers $4.75 @ 7.10; cows, $2.25 @> 5.75: stockers and I2.2S heifers feeders i 3.75; $3.00 @ 5.25; bulls calves $3.00 @ 6.25. Hogs. Receipts 8.000. Strong to five higher. Heavy $6.00 6.15; packers $6.10 @ 6.30. Pigs, light $6.15 @ 6.35 Hogs. Receipts about twenty-two thousand. Strong to five higher. Light $6.05 & 6.60: bulk $6.00 <§.• 6.35. "WTieatReceipts 104 cars. Half cent lower. Dec. 93%: May 99%; cash No. 2 hard 92@95; No. 3. 89@95: No. red 94; No. 3. 91. Corn—quarter to half cent higher. Sept. 50%; Dec. 53%: cash No. 2 mixed .56 @56V4; No. 3. 55%; No. 2 white No. 3. 56%@56%. Oats—Unchanged. No. 2 white 48: .\o. 2 mixed 46^@-IC%.—Steady. No. 2. 72@75. Hay—Firm. Choice timothy $13 .0uCi. 13 .50: choice prairie fll.OO. Butter—Creimery, higher. 28 >i: packing 20. Eggs—Steady. Extras 22; firsts 20. Chicago. Sept. 25.—Cattki ReceijWs about eighetan thousand. Steady. Beeves $4.10 (g: 7.25; cows $125 Co 5.40. A RAILWAY EXPOSED .V Frisco Ex-Supervisor Was Paid iM.000 to Influence His Vote. San Francisco, Sept. 25.—-The inner workings of confessed boodlcrs were laid bare yesterday during the trial of T. L. Ford, chief counsel for the United Railwa yscompnyaxzflflflm vbgkqj ed Railways company. Thomas F. Lonergan, former supervisor, told of receiving four thousand dollars with the understanding that it was paid to influence his vote upon life application of the United States Railways for an overhead trolley franchise. James F. Gallagher, former chairman of the board, related how he received eighty- five thousand from Abraham Ruef after the latter had requested and urged him to ascertain how eighteen members of the board stood with regard to an application for such franchise and directed him to learn the price for which each member would return a favorable vote. TO CONSOLIDATE RAILROADS. Rock Island Says Alton's Immunity Both Makes It Possible. Chicago. Sept. 25.—The Inter Ocean says the granting of immunity to the Chicago & Alton removes the only obstacle in the way of ratification of the sale by the Rock Island of a controlling interest in the Alton to the Toledo, St. Louis & W'estern, and the consolidation ultimately of the Alton. Clover Leaf. Minneapolis and St. Louis and the Iowa Central railroads. Ir is rumored that George H. Ross will be made i)resldent of the Alton in the place of Samuel M. Felton, who will probably be offered a position with the Harriman system. TO PROVE TIMBER FRAUDS. r. S. Introducing Xew Testimony in Borah Case Today. Boise. Idaho. Sept. 25.—The government today be.gan the introduction of testimony in support of the charge that United States Senator Borah, in conspiracy with others, defrauded the government out of timber tracts n Central Idaho. Much of the testimony, it Is declared, will l>e of a documentary character, while other parts of it will come from men who will otnfess that they swore falsely in taking out timber claims. STABBED WIFE WITH ; SHEARS. After Attempted Murder Man Jumped From a Fourth Story Window. New Y'ork. Sept. 25.—Despondent as result of ill health and reverses, Harry Chemock. a garment ' cutter, early today attempted to kill his wife by Slabbing bar with a pair of tailor shears, and then jumped from a four story window, receiving injuries from whihch he died. The woman will probably recover. WAS THE GRADE CHANGEDI Said That South Cottonwood Grade Is N'ot Correct. Complaint has been made to the council that tbe grade on South Cottonwood where the paving is going on. has I>een changed from the old grade on which all of the paving in the city is constructed. Mayor Robinson said this morning that he would investigate the. matter. If the grade has been changed the work will stop until the old grade is ascertained. CAPTAIN TTGARD TO JAIL. Conid Not Give Bond of $10^ in Kansas Citr. Kansas City, Sent. 25.—In the federal court here today Captain Flavins .1. Tvgard was accused of misapplying funds of tbe Bates National bank at Bntler. Mo., announced he was un- ab> to furnish a bond of ten thousand dollars and was ordered sent to'Jail at Clinton. Mo. He will be tried In Tygard is seventy-two jtm old. WINTER IN THE NORTD Snow and Frost With Wind Begins Cold Season Xear Laketb THEY WILL SUE FIRST RAILROADS,PROMISE IITIGATH)?!' WITH::!8.CENT FARES. MEANS PACING OF THE PASS NO SPECIAL FAVORS OF ANI KOD WILL BE GRAFTED. October » tto Date Set for Bednel^g the Rate—Proceedings ChaUengfag^ It WUI Be Instituted in Court. Topeka. s4pt. 25.—The twelve rail- raods in Kiinsas tonight filed a formal notice jWlth the state board ot railroad conimissioners that on October 5. a flat 2-cent p.assenger rate will be established in Kansas. Simultaneously notic .4 was given that prior to October 5. stilts will be ;flled In the courts, chali^nging the rate. The order of the board was th^t the rate should remain operative In Kansas if the courts jleclare favorable to the r.ate in Nebraska, and fail here, if an adverse conclusion is reached in Ne- li-aska. * The edgej-was taken oijf of this formal annountemtn. however, this afternoon by the announcement of an attorney who" has been identified with the deliberations of the railroads over tie niatter._ that October'5, the date or jstablisfiment of the 2-cent fare, will also s*e the anti-pass law In ef. feet, even though the ptatute does, not become active unttj rJanuary 1. .^st Flat S Cents. 'The 2-cent rate means: the passing of the pass absolutely," said the attorney. "Further than that, it means tiie abolisl^ent of .ill excursion ratesr' ^ all clerej-Urates, all special favors, 11 reducsd round-trip tickets—In short, evei^-thlng goes on a flat 2-cent basis, commg and going, or round trip Paases-wilt—be=«t**»=^:«feE^..ectobe»-^ Cleveland. O.. Sept. 25.—A terrific gale from the west is raging over the lower, lake region the past twenty- four hours. There is a heavy drop in temperature, and this morning there were snow flurries. Frost fa WIseeiBla. La Crosse, Wis.. Sept. 2S.—The first Uilbiig frost of the season fell In west em Wisconsin and aonthera BOnne- aota today. There was a great damage to crops. r. only to sich persons asj are entitled tc th?m (tader the law.^ The aritl- pass lew becomes affective January 1. but the railroads are going to make it effective October 5. "We do this n no splint of vindlctiveness. It means simpiy that 2 cents a mile goes absolutely into effect." N. }{. Louis filed the notice with the board, but he would not state whtJi. or in what courts or under what procedure the suits will be filed. It is confidently expected'that the Injunction route will be employed in the state courts. The notice follows: "Tiie undersigned railway companies announce that they propose to put In effect, un^fer' protest, on the 5th day of October, 1907,. and to maiin- tain the same pending litigation, the 2-cent passesger rate as recently ordered by .von. and prior to putting the same ialo effect propose to file suits in tho courts challenging said rate." Fre;iFht Schedales Next. Topeka. _Sept. 25.—Governor Hoch, i.-i a signed statement tonight, after praising thi^ railroads for putting lo a 2-cent rat^s, said will also use every power" he has to put in the new freight schedule in preparation. After! that he thinks the railroad situatibn in Kansas will ba extremely saUsfactory. If the companies carry out­ cision they; have finally reached in this mattifen'! said the governor,, "it will be my; "pleasure to accord them all the- credit they deserve. If they wish to t£st in the courts, the question whether this rata Is remunerative, cr confiscatory, and contest it upon its merits and not upon any technicality, well and good. The board of railroad commissioners has been for some Ume carefully ai; dthor6Ughly investigating these things anJd has in preparation a new schedule of freight rates. I am in perfect sympathy with tbe contention that the taatter of freight rates is of laramouiit 'mporance but it is always wise to ^ttle one qtiestlon at & time. When this new schedule is ordered into effect- .by the b(^rd, every ppwer which I tave will be used to see; that it is putinto operation and relief ' given the:-people aloiig these lineB." IRJl SMITH OK DUTTJi Polire Oififeer Is Kan Regaialag His Heattk. Asaistiuti Chief of PoUee bm. Binlth. IR back tih doty a<aln-today after a »brar> months' layoff.* Mr. Snithi.has been sicfc-.dur'n^ tlie sutmner moAtlMi but haaVmfllciently ImpAVed ti> he back on the foice. althoaiilt his' fs Ur from hejnr- a mfUl mds aa- yetMr.. Smith's frleadii will he glad td l^m baiB]^;^th»,|li^i.^ '^-'K:-'- • ••

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