The Bismarck Tribune Newspaper, November 21, 1921, Page 1

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Perens HAL FOCH TO VISIT BISMARCK SUNDAY | HE B ‘ SMARCK TRIBUNE LEAGUE TAXPAYERS START SUIT IN SUPREME COURT LEAGUERS MAKE DEMAND FOR NEW LEADERSHIP COMMANDER OF ALLIED ARMIES © FRANCE DSPRAvER FE aa Ee ANT TOMLEY TOBEGUESTORSTATE LEGION NA HED ROYAL WELCOME BEING PLANNED PREMIER BRIAND gestae ise son, 10 years old, from drowning Lioyd Bentson, 17 years old, re- : : ' : 4 | peated the Lord's prayer as he Marshal is Making Trip to Pacific Coast and Bismarck is Only ;-pey, ‘Armament ives ane ae ‘ne SRbbewe City in North Dakota in Which He Will Stop—Parade and | Delegates That Germany Program at Auditorium Are Being Arranged by American | Can Raise Great Army Legion Post—Citizens Asked to Decorate in Honor of Dis- | aS tinguished Guest. | MAKES DRAMATIC SPEECH The Weather Unsettled Last Edition FORTIETH YEAR Fie ova a a TOOT CTO POLIS AGAIN | ASK | IS BUZZING IN AGAIN TOLEAD | ore 1 OBBIES | ! flocked to Bismarck Saturday and Sun-| | i ASK COURT FOR ~ HEARING UPON BLECTION PLEA Would Present Petitions For Acceptance of Jurisdiction Here Tomorrow | i | | | H i i { | | ' I Conference; j day because of the prospective suit to} {nullify the election. Independents be-| ‘gan to arrive in numbers Sunday to! ibe here for the expected inauguration | ; Wednesday afternoon. Independents | | refuse to take the proposed contest! | seriously and are looking forward to| ENDORSE ADM y! greeting R. A. Nestos as Covernor.! INISTRATION | The hotel iobbies are filling ip: OF: i INDEPENDENTS TO RESIST | R. H. Walker and Walter Maddock | jare two members of the Nonpartisan | Assert That Numerous Mistakes yeate executive committee who are in| 7 the city. Other members are not ex-j Were Made By League Em- ployes Copying Names The Benteon boys with some companions werc playing on the . ice when the younger Bentson boy fell in. Lloyd went to his assist- ance and managed to get the boy out onto the ice but became ex- hausted himself and his compan- lons were unable to pull him from the water. The boy went down repeating the Lord's prayer, his companions said. Members of the fire depart- ment recovered the body soon af- ter the accident. Mass Meeting Here Wants Con- vention in Bismarck; in | February, 1922 i i iPoints Out Danger to France; While Declaring That Coun- Marshal Ferdinand Foch, commander-in-chief of the allied armies in France in the World War, will visit Bismarck Sunday, November 27. H try Wants Peace Resolutions Regarded as Open Demand on Nonpartisan Com- mittee to Give up Reins _It is the only city in North Dakota he will visit. He-wili} ore in Bismarck at 11 a. m. on his special train and remain until: 330 p. m. TO REDUCE ARMY. Washington, D. C. Nov. 21.— Premier Briand of France, told the arms conference the further re- ductions in her army which would bring it to half its former strength, but would still leave, of course, the force which he contended was necessary to assure her security. HEAR ARGUMENTS AT ONCE. ‘ After the pefition was present. ed to the court, it was decided to hear the arguments at once. Jus- tice Robinson was the first to ex- press nesses He said that there was no doubt as to original jar- isdiction but there sore ie: whether the sult had been brought in time and whether the contest- ants had any standing in court. He declared also that it was his opinion that the recall pro- vision required that petitions be signed by thirty per cent of all votes cast at the previous elec- tion. Justice Christianson said that that issue had been before the court in another case but neve er disposed of. The much-heralded petition to nullify the recent recall elec- tion was filed in the supreme court at 3 o’clock this afternoon. The petition was accompanied by affidavits covering nearly 75 typewritten paper’, . setting forth alleged frauds in signa- |Late Siljan, of -the Normanden. and| tures to recall petitions and al- | publicity man forthe Independents in| leged signing of petitions by per- ‘the recent recall campaign, was to be; sons who had not voted for Gov- ‘on deck. Olif Ribb, editor of the Fats jMinot league paper, has-been on deck, emor last year, the basis of the | for a couple of days. Geo. McPherson; action. ae | The supreme court was asked of Fargo we!l known in the newspa-' ;to ‘hear attorneys for the tax- i Marshal Foch will be guest of. the; i North Dakcta Department of the! | American Legion. He will be ac-| companied by aides, American offi-; cers and Hanford MacNider, com-; mander of the American Legion.; There is a possibility that General! Pershing will accompany him. | Avasningteah Novo 21 (By Aaso'| 1 GRAIN, HAY CUT Immediately upon receipt of word | ciated Press.)—Germany, while appar-| that Marshal Foch would visit the/ently disarmed, Premier Briand of'Positive Instructions To Re- capital city of North Dakota the | France told the armament conference; es Lloyd Spetz post, American Legion | today, could with bet resent achin ! duce Rates in Western Ter- began making arrangements. A tel2._|000,000. ar army SEG O00 ONO ort ritory Are Given gram received Sunday afternoon by! At least 250,000 Germans were re-! Major Hanley, of Mandan, announced |<civing daily military instructions, he. RoAns HAD r DEMURR MARSHAL FOCH . Have Tentative Program A tentative program immediately was arranged. There will be a short parade from the Northern Pacific station west on Main to Third street, north on Third to Broadway and east on Broad- A force of 15 to 20 people worked Saturday night and Sunday and Sun- € le day night in preparation for the ex- He now is asked to! pected nullification suit of the Non- partisans. They were checking coun- ‘ties and helping to draw up affidavits. | The Fourth Estate will be well rep- iresented at the:inauguration. H. D.) Paulson, of the Fargo Forum, and: John Cooley, of the Grand Forks Her-| ald, came in for the week's events. | ected to be here. Representative { Weld) old Kidder, Rep. Vogel, of Mc- terre . ; Lean, and Rep. Del Patterson were Four hundred Wonpartisans | among familiar Nonpartisan figures i 16 counties, in meeting! here. | ih : . i I ere Saturday night, ‘adopted a! Treadwetl Twichell, of Mapleton, | ‘resolution © inviting Arthur C.jcame in to look things over and prob- | Townl 7 R ‘ably stay over until Weinesday to; eadershi va emt s to legaue! witness the expected change in ths/ H 1 Dip | 0) akota. state administration. Theodore Nel i n dition the meeting adopt-/ son, secretary of the Independents, ‘ed a,fesolution asking that the! “#8 went to Fargo Saturday, came Neagde convention be held in| back: last night to watch the contest | \Fe$ruary, after Townley is Pea ee cat sed from his incarceration inj RB. G. Katron, of Jamestown, has; {Jackson county, Minnesota, _| been selected as deputy commissioner’ P r agriculture and labor by Commis-' ‘aan of ie resolu sioner-elect Joseph A. Kitchen. Mr. Mi f isa inoue in S an open lemand for | Katron was on the house of represen- is coming. | "Although a’part of Germany ovis) ‘lett poacher lea ership in, the) tatives staff last winter. jdently wants peace and is ready toj : fi 7 ti: ey OS eliminated [Fre back to peaceful : pursuits, the Wishes to Cut Amount of Reduc- tet Be eye dd o the league ‘rench premier declared, another por-| : 2a! Sd rk in e state less tl i tion heated by ludendorff and, tion—North ‘Dakota and i year ago. serie ; others of the military staff is continu- | See | way to the Auditorium. {ing to, preach the old’ Prussian doc-j One Seeprrried gute A. A. Liederbach, of th : : i JA. prbach,’ of the! Ina dramatic speech of an hour; , Washington, Nov.\2!--A positive or- | league executive committee, ‘had an- ithe French premier outlined to the; der was issued by'the Interstate Com-| nounced he favored a league, conven- | i conference “what is being done at the, merce Commission today to put the} tion in November, to be held in Far-} idoor of France” which, he added, | ®Pproximatety 16 per cent decrease in| ve He made this ‘announcement after | | wants peace. [nay and grain rates into effect on or| if Townley had indicated a desire, | “How can any, one ask France to| before next December 21. sul sequent to the election, that the disarm under such conditions?” he| The order follows. up the decision convention be held in February. The | asked. given out October {20 by the commis- meeting here not only asked that tho kota will preside. Commander Mac-| \Nider, of the Legion, - will make a} short talk; Commander Phillip R. Bangs, of Grand Forks, of the ‘Northi Dakota ‘Department of the Legion: will; make a few remarks; the ‘Comunity; ‘Chorus will sit fg, and Marshal Foch, will speak for about 20 minutes. There will be a program at the Au-! ditorium. The meeting will open with) SAYS TWICHEEL =f. exces [ee which declared grain and. hay! {rates from ‘the Mississippi Valley to |the Pacific Qoast unreasonably high jbut which did not carry compulsory orders, The October decision in-| meeting. be held in February, but that it be held in Bismarck, 2.20% |_ The position: of Attorney-General | Lemke is not made. known but those | presenting the resolutions’ are 1ium- singing of the “Marsaillaise” and close] ; Strasbourg, France, Nov. 21.—Pre- jmier Briand will declare for guaran- with singing of “The Star Spangled; tees necessary to the security of Banner.” The Governor of North Da-- France at the Washington conference, per field, now engaged in the engrav- i Win Over Other States Says Administration Should Marshal Foch is traveling to the Pa-/ FY cific coast. ‘Bismarck will be the first! Give Best Government stop aftor leaving the twin cities. [t; in Union was the North Dakota Delegation at; the American Legion convention that, RS ane put up the argument that resulted in|; The new grate administration ought, a decision upon the part of those ar-!\" the opinion of Treadwell Twitchet, ranging the western trip to route the, yoeran as North Dakota political Foch special through ‘North Dakota. '8hts, to shut the door on office seek~ Several other western states competed for the honor. The special train x Sandan pacer bea ae tol for a few days, outlined his views of present the Marshal with a deer $0; the. eftuation be TOONS i ; that the party will have venison on; © shot e one common ef- the trip. j fort made by all of those who are re- Bismarck and Mandan Legionaires| sponsible for the result of the recail will be at the station when the train! |? be concerned only in those things arrives. It is expected that the newly! that will bring tio the people of Nortn for y dia st at Elbowoods wi | Dakota the best state govergment of Te crash vill any state in the United States. That S = portunity is here and it would be service men from Stan tae anal othing less than criminal not to be Legionaixes; will make up the parade.| een teemner should be excused for * It is hoped to group all school chit yi, seeming violence and vicious at ren on the federal building steps and tite for vi aeons haa a/vighe Ae plea = Mae they mu fol Boe Hl foolish or vicious it is the farmer un- Auditorium and the | Ma ider the conditions which surround make a short, stop there. \him. The load he carries can only | have a tendency to make him see red. “In fairness to the incoming offi- ers no one should expect or demand hat they do the impossible but every- one has a right to insist that they ao ccupy boxes. Wari all in their power to clean up honest! ly Tee eats Legion aux-! and fairly without thought of anyone's and the @ommunity Chorus will; Political future the admittedly bad occupy reserved seats. | mess that exists in this state. Mr. ‘A Legion committee will meet the) Nestos ought to have on the outside idents and secretaries of the Town! of the door of the’ Governor's chai Criers, Rotary club and Lions a sign ‘Pot hunting, play seek club} ber t ! tonight to ask these clubs to assist in cas, not wanted, and go out and draft preparations. An especial effort will the best men in this ae from a point ity wi "of qualification to take places they be made to have the city well deco jet i rated, including the French tri-color. may have pe Cat aa th they Following the Auditorium meeting! owe as citizens of © 3 General Foch will be taken for a short | should all appreciate tho hard posi drive anound the city. Bismarck is the tion he is in and give him such assist- smallest city the Marshal will have; — ISDEDICATED | give the state the best government it: jthe union. Mr. Twitchell, in the city Want City Decorated Legionaires will occupy seats on thi platform. The Governor, and Mayo will he the only civilians’ 6n the stage. | Aides-of.Fgch and other dignitaries in} pr ———__———* No-! ——_——_-_- > Today's Weather For 24 hours ending at noon, vember 20. Temperature at 7 Highest yesterday Lowest yesterday - Trowest last night . Precipitation -.. Highest wind velocity Weather Forecast For ‘Bismarck and Vicinity: Some- what unsettled tonight and Tuesday; continued cold. A For North Dakota: Generally fair} in the north portion, somewhat un- settled in the south portion tonight and Tuesday; continued cold. cee ‘The new addition to St. -Mar;’s school was dedicated Sunday morning by Bishop Vincent Wehrle with im- | pressive feligious rites. The dedica- ‘tion followed the 10:30 mass. After | the dedication tle Catholic Daughters of America served dinner in the base- ment of the school. “PAPA DID IT,” SAYS ii .15-NW Weather Conditions g A high pressure area accompanied py sub-zero temperatures extends from Alberta to Minnesota. while low pressure areas accompanied. by mod- crate temneratires extends from the north Pacific coast to Texas. Light to moderate snowfall has occurred gen- erally from the North Pacific coast across the northerm border states to the Lake region. 1 { ORRIS W. ROBERTS, ° Meteuneiate.. Wilmington, Ohio, Nov. 21—An element of mystery today contin- ued to surround the triple mur- der Saturday night at Cuba near here ior which Oliver Vandervort, aged 82, a fur dealer of this city is held on a murder charge. Po- lice have not found the gun which figured in the shooting. Vandervort’s 10-year-old son, Oliver, who witnessed the'shoot- ing when questioned told police ers and seek the best men to help}, Minister of War Barthou said in an address here at the celebration of the| |third anniversary: of the return of | French troops to Strasbourg. France, | jhe said, was ready to accept limita- tion of land armaments on certain) j conditions such as the complete dis-} armament of Germany. Before any! disarmament by France it would be} ecessary to place Germany in a po-| ition where it would be impossible for | her to endanger the peace of the! world. H INJUNCTION IN GRAIN SUITS 1S RESTORED. Washington, Nov. 21.—Chief Justice Taft announced today that stay and! super sedas granted in the cases of! the attorney general of North Dakot: against the Farmers Gra.n Co, of Emi: den and of the-attorucvy general! against the Homer Farmers Elevator ; company and others would be vacated without prejudice. State officials were enjo! enforcing provisions of the state law found to be in conflict with the fed-| eral statutes, but this injunction, si pended by writ of supe:se teas wh today was set aside, leaving the in- junction in effect pending final dis- position of case on merits. : under control. DAR ee 10-YEAR-OLD | ined from) Belfast, Nov. 21.—(By the Associat- ad’ Press.)—One man was killed and nother was wourded in a renewal today of the rioting which broke out in the Seaforth district in East Belfast yesterday when rival factions clashed. Four persons were sent to hospitals and numerous others were slightly in- jured in yesterday's disturbance. Today’s recurrence of the trouble was met promptly by the authorities and the situation was speedily BOY AFTER TRIPLE MURDER IN OHIO “papa did it.” The victims were Mrs. Jess Whitlow, 57, who told authorities on her deathbed that Vandervort_ had done the shoot- ing after he had come to the house Intoxieated and started a quarrel; Berthan Whitlow Vander- vort, twice divorced from Vander- vort and Howard Borvier, 24, said to have a_caller on Mrs. Vandervort, .. Vanderyort denies his guilt. | | | | | ; structed the railroad to make the re:| duction by. ‘November 20 which was not done because the railroads opened | negotiatsons _ with the commission suggesting that a ten per cent de- crease in freight rates on all agricul- tural products be substituted for the larger decrease on grain products and hay alone. \ The commission, however, by the order issued today disregarded the compromise proposed by the railroads and makes the larger decreases on jhay and grain mandatory upon thé} roads, Specific and Definite The order issued today made spe- cific and definite the hay and grain reduction. The original decision said railroads should reduce the rate on the pnoducts ‘concerned. by one-half of the increase; .ommittees, the presence of Nonparti- iven in 1920. The commission today rdered hay and grain rates between dint#'in"Mountain Pacific territory, at not more than 12.5 per cent above the rates in effect Lefare the 1920 in- crease. Between points in the western group as defined in its decision where 40 pev cent increases were allowed in 1920 the commission today orderéd then i made effective at 20 per cent; between) ¥).-¢q by supporters of the defeated other western group points the com- mission held rates should not exceed 17.5 per cent above the old schedule. Groups Concerned The western :roup mentioned in the order includes the territory between the (Mississippi and Mlinois rivers and he north and south boundary lines or which tho states of ‘North Dakota, Montana, South Dakota, Wyoming, and ‘Nebraska join and extending. igouth to El Pasy, Texas. The Moun- tain Pacific group lies between the western group and the Pacific coast. $00 HEARING ~—— TS ORDERED ‘Railroad Commission Issues For- mal Notice The state railroad commission has sued the following formal order: | “Complaint h: ‘Commission by | marek citizens, ichanges in train sched \by the Minneapolis, St. u i Ste. Marie Railway Company on its ‘line known as ‘ ‘Branch, particularly that portion op- erating between Bismarck and Minot, tand between Bismarck and Wishek, ‘and requests having been made that ‘before any changes are authorized, : public hearings be held in the matter, “It Is Ordered, that hearing be held i a delegation of Bis objects to “the dules proposed ‘in the matter on Wednesday, Novem-; at 10:00 a. m. in the con- of the Board of: Rail- road Commissioners. All interested parties are invited to be present and offer such testimony as may be perti- nent to the case.” | ber 23, 1921, ference rooms Marie~ Antoinette hada handker- |chief that was [pearls valued at $5000, bered among his friends. In the view! of some ‘leaguers, ‘Mr. Lemke, whom! they. say successfully’ managed all league campaigns until the recall cam-; paign, which he did not manage, will! become the leader of the league forces | ing business, dropped in. Independents do not expect a spec-| ial session of the legislature. Inde-; pendent control in the house is im- periled by death and resignation of} x aving been made to the : Paul and Sault members Christ Ness, of Richland; county, dead; Joseph A. Kitchen was clected Commissioner of Agriculture Mr. Townley. jand Labor; Harold Semling is in Col.| End Official |‘rank White’s office in Washington, | a ait orse Hie jals | and iM. O. Grangaard of Barnes coun:; he meeting, which was called a8! ty is in Minneapolis, secretary of the! a reception to Governor Frazier, At-} War Finance corporation for tae! torney-General Lemke and Commis-! northwest. He has not surrendered) sioner of Agriculture and Labor Hag-| pis residence in Barnes county, it is! an, adopted a resolution endorsing; ynderstood. Independents appear to} these officials apd a resolution endors-| have a majority of one on the present: | call Canteen suit to nullify the re-) jasis with the league still having one! : | | While the meeting was cal majority, inthe senate. -OUTOF PRISON | \ | ‘defeated there is a responsibility! jagain in the convention in February, | because there 1s opposition to both ithe present state committee and to 1 i} F | Hed by} 1 (sans who are hore etigaged in prepa-| ration for the recall suit brought the! ‘nitmber of counties represénted to 16.; | ‘Whether Townley will be able to re-; jturn to leadership in North Dakota} ; without a big fight in the league or- | ganization ig a matter of speculation Clarence Orton Held at Regina, | Saskatchewan, According | To Word Here | candidates. Nonpartisans have freely! | discussed the causes of the defeat in the recall election. | Place Defeat Blame i ! There has been dissatisfaction cx- i pressed with the conduct of the leagu Clarence Orton, Reynolds, who} | campaign by the state committee | escaped from the state prison here in} ‘headed by A. A. Liederbach. Other! October, 1920, has been captured at) ; members ‘of the committee are Christ| Regina, Saskatchewan, according to aj ' Levang, Ole Kaldor, Walter Maddock| telegram received by Warden Stair land R. H. “Dad” Walker. It is no se-! Further particulars were awaited by: cret among politicians that there has} the warden before sending a man) ‘been disagreement in the committee.! armed with a requisition for Orton's | There also is in every election some; return. E blame placed on defeated candidates,, According t word froin there Or- ‘and the recall election is no exception., ton was identifidd by a former war-; The resolutions committee of the'den of the penitentiary several | Saturday night meeting was headed | months ago who saw Orton coaching a; by R. \H. ‘Walker. Mr. Walker has: baseball team at Elbow, Saskatche - ; been regarded as a close friend of At-j| wan. The pol were notified but | torney-General William Lemke and an! trace of the man was lost until Sat-! j opponent of the policies of the major: urday when he w discovered int i ity of the league committee represent-! Saskatchewan. ‘He submitted to ar: jed by Liederbach, Kaldor and Levang.| rest without trouble. 'Mr. Maddock, of the state committec,| Orton was from Towner county, | i was in Bismarck Sunday. Liederbach,| serving a life sentence for murder. | ‘Kaldor and Levang were not here.i He played baseball with the prison) |The present state committee servos) team when here. He had been given until the next convention. privileges around the — prison and} There is, of course, a large oppo-| walked off in October a your ago. | ition to Townley’ among the Nonpar-| Warden Stair said today therc are tisans. He was ousted from contro! of| now only two persons who escaped the league in North Dakota because) from the prison who have not been: |payers tomorrow morning on their petition to the court to as- sume original jurisdiction. The title of the case is The State cf North Dakota ex rel George D. Laird, E. S. Sheve- land, John Bauer, Leonard Bauer and R. W. Frazier as citi- zens vs. Thomas Hall, John Steen, D. C. Poindexter, William Lemke and Minnie J. Nielson as state board of canvassers. The petition states that the suit is approved by the Attor- ney-General. The supreme court was asked to is- sue an order directed to the respond- ents to show cause to the court why they should not be permanently en- joined and restrained from meeting as a state board of canvassers and that pending a hearing upon the or- der to show cause the respondents be enjoined and restrained from meeting and canvassing the vote of the recall clection and from declaring the re- sult. The petition recites that the neces- sary number of signatures to petitions to obtain a recall election is 68,882. It allezes that there were many fraudulent signatures and illegal sig- natures (it being contended that pet- sons who did not vote for Governor it: 1920 could not sign tl§> petitions) and alleges that the actual number of le- gal signers does not exceed 60,000. It alleges that there are at least 13,000 illegal signatures. There were about | 74,000 signatures reported by the sec- re ‘y 5 The petition is acaompanied by af- fidavits from Gcorge Laird, Herman Hardt, Frank Prater, P. ‘H. Miller, John Bloom, R. O. Bryant, Chas. F. Skager, R. W. Frazier, Sebran Erick- son, A. McCoy, ‘H. L. Elliott, Fred Hanson, John F. Rooney, L. H. Miller, Robert Franzen, Elsie Kanne, E. R. Sinkler, Jake Dewing, Mrs. y Craig, C. J. Kopriva, L. M. Howell, P. B. Garberg, J. F. Calderhead, A. H. Gallagher, Esther ‘Liederbach, Otto Simonson, Henry C. ‘Hanson,’ Fred Bolkeon, A. B. Hermann, C. E, Joyce, Jennie Heck, R. O. Bryant. While the Nonpartisan taxpayers’ attorneys were preparing the suit, In- dependents were discussing means of defense should the case actually 50 to trial. Independents Resist. It developed during the day that the the Missouri Valley, embroidered with| lation by th the opposition was strong enough to do it. Townley also has many friends and his political ability is generally recognized, Views of Townley Side Oliver S. Morris, publicity man for the National Nonpartisan League, | writing in The Nation on the league | defeat touched upon the situation as follows: “Some minor causes of the defeat should be mentioned. The ambitions of some of the North Dakota League leaders succeeded over a year ago, (Continued on Page, 7) \ CAN REGULATE FARES Washington, Nov. 21—Street car Illinois utilities com: recaptured. MARINE SHOOTS TO KILL WHILE GUARDING TRAIN Benere. W Nov. 21.—Otto Lambrecht, one of the men who was shot by marine guards Sunday morning when they attempted to stea ride on a Northwestern train to Kaukana, was improving at a hospital in Green Bay this morning. No trace of Lambrecht’s companion who visited him Sunday aiternoon in the hospital could be found today. Police said they would question Lambrecht this preme court: held today. fares in Chicago are subject to regu mission the s' morniz5, sly Independents would, if the case goes ito trial, not only contest it upon points of law but on questions of fact. They will assert that in copy- ing the names off the petitions numer- ‘ous mistakes were made such as a iname “Langer” being copied as “Wan- i ger” with the result that the incor- rectly copied name could not be as- | sociated with any person in the local- ‘ity from which the petition came. Edward Sinkler, one of the attor- neys for the taxpayers’ committee, de- clared that. if the checking of perhaps ‘half the counties is indicative of the final situation, there will be found 15,000 illegal names on the recall pe- titions. The excess of the names over the required number is about 5,000, e _ (Continued on Page 6)

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