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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
THE MOKNJDSTG OREGONIAN, TUESDAY, NOVEMBER 8, 1904.
DETAINS HIS GRIP
Sheriff Remains in Possession
GIVES AN INDEMNITY BOND
Juttic Scton Sustains Contention of
Proprietor That Word Has No
Right to Keep Premises, but
Case Is Appealed.
"Gambling Is simply a form of highway
robbery and has no "standing whatever
in the eyes of the law, and the place or
house In which It is. carried on has no
more rights than a robbers' nest. If
ihls nian will promise that he will not
again resume gambling In his place of
business then we will not further hold
the premises, but until he shall do this,
the Sheriff of this county s supreme."
This was the language of Attorney
Henry McGinn yesterday morning in Jus
tice Seton's Court, in the case of 1L C.
Nease to recover possession of his prem
ises, recently raided by Sheriff "Word and
still held by him, in reply to the con
tention of "Attorney E. B, Watson that
the allegations of the separate answers
to the plaintiff's complaint had no foun
dation in fact or in law.
The complaint simply sets forth that
Nease Is unlawfully prevented by Sheriff
Word from enjoying the possession of his
premises, In which he had been conduct
ing a saloon prior to November, 1904.
It Is set forth In the answer filed yester
day that the Sheriff of Multnomah County
fes in duty bound to proceed against gamb
llngf that Nease conducted a gambling
house; that he invited and defied the
Sheriff to arrest him; tl)at he conducted
a gambling-house on November 1, which
was known to the Sheriff and to others,
and that he threatens to again, restore
gambling In this house when he regains
possession. The answer proceeds to say
that the Sheriff retains possession of the
premises lor no other purpose than to
.prevent Nease again conducting a gambling-house
under the gui of a saloon;
that the defendant, as Sheriff of Mult
nomah County, never has had any Inten
tion of holding the gambling-house any
longer than until sruch time as assurances
are given that the plajntlff will not vio
late the laws of the state In setting up
and keeping a gambling-house, and. that
when plaintiff will give this assurance
his property will be restored to him.
Attorney E. B. Watson, for the plaintiff,
submitted a demurrer to the allegation's.
saying that "there was no fact nor law
that would justify an officer la holding
the premises of a citizen on the ground
that a crime might be committed there.
Justice Seton sustained the demurrer, and
the case went to trial on the denials In the
answer to the complaint
Nease testified that he was in possession
of his premises on Fourth street, con
ducting a saloon, November 1, when sev
eral Deputy Sheriffs placed him and oth
ers under arrest and took possession of
toe promises; and that, althbugh ho had
demanded : possession of the house since,
he had been refused admission.
Cross-examined by Attorney McGinn.
Nease said he had a license from the
City of Portland, under, the recently
passed ordinance, to run a commission
"Now," said Mr. McGinn, "is it your
intention to again conduct a commission
poolhouse If you regain possession of the
Attorney Gearln objected to the ques
tion and Justice Seton sustained the ob
jection. "Will you promise here In the court
that you will hot run a commission pool
house If you are given possession of the
premises?" again Interrogated Attorney
The question was again objected by At
torney Gearln and the objection was -sustained.
"Very well," said Judge McGinn, "we
will appeal the case to the Circuit Court."
Two bonds were filed, one for twice
the value of the property held, for the
appeal, and one for twice the amount of
the rent, furnished by the "United States
Fidelity & Guaranty Company, which
stays the execution of the Judgment ob
tained by Nease In the Justice Court for
restitution of the premises, until the case
is settled in the Circuit Court.
AT THE THEATERS
What the Press Agents Say.
CHAMPION JEFFRIES TONIGHT
James J. Jeffries to Present "Davy
Crockett" at Marquam Grand.
Frank Mayo's sterling frontier drama,
"Davy, Crockett." in which Champion
James J. Jeffries and his own company
will appear at the Marquam Grand The
ater tonight. Is replete with whole-souled
interest which never lags. The back
woodsman is a lovable character, strong,
simple and surcharged with an admirable
manliness that makes' him Irresistibly
popular. James J. Jeffries plays the title
role in the production. In weaving the
story around this character of the back
woods. Mayo selected a string of Interest
ing Incidents ranging from" the deepest
humor to soul-stirring climaxes, inter
spersing it throughout with characters
that nave made the drama a by-word in
every household. After the performance
Jeffries will give a physical culture dem
onstration with his sparring partner, Jo
seph Kennedy, which Is an illustration of
scientific boxing in three rounds. Elec
tion returns will be read from the stage.
Stirring Climax at Columbia.
There are few playwrights who could
have thought out a more stirring climax
to a melodrama than did Belasco when
he wrote the stockade scene in The
Girl I Left Behind Me." In none of tho
favorite war plays Is the strain upon
the audience more intense. The hand
ful of cavalry and women are surround
ed in a small fortress by bloodthirsty
Indians. The wires communicating with
relief have been cut. . One courier has
tried to pass the lines and has been
killed. Peace overtures with the Indian
chief have failed utterly. The tribes
men have lighted their bonfires and are
but waiting for daylight to begin the at
tack and slaughter. Lieutenant Hawkes
worth has gone with the message for re
lief. His fate is unknown. He is late
in returning. The prisoners have but
a lingering hope, when the Indian girl.
Fawn, brings Hawkesworth's hat into the
stockade with the news of his death.
Then all hope is abandoned. The attack
begins. The Indians have overcome the
defenders. The fortress is falling. The
Indian chief has sworn a worse venge
ance than death upon the General's
daughter, and the loving father has bis
pistol pressed to the girl's head, ready
to nre when
Well, the next moment the auditorium
is a bedlam of enthusiastic frenzy. The
strata te broken and the curtain is raised
and kmred half -score of times,, poly
Belasco could so surprise, so astound, his
"The Girl I Left Behind Me" was al
ways a favorite, and it was never so well
done as by the Columbia Theater stock
company this week.
Mason and Mason, in their big comedy
extravaganza success, "Frits and Snltz,"
have already demonstrated the fact that
the public taste Is ripe for a first-class
attraction of this sort at common-sense
prices. It requires a large company of
comedians, vocalists and dancers.
By "special arrangement with the West
ern Union Telegraph Gpmpany, the man
agement has arranged for a special wire
to the stage, and an expert telegrapher
will be op duty to receive election returns.
Which will be announced to the audience
during the performance and until morn
ing. The theater will be kept open all
night and the returns will be received
until the election In every state in the
Union has been decided.
Advance Sale Today.
This morning at 10 o'clock the advance
sale of seats will open for the big musical
comedy success, "The Tenderfoot," which
comes to the Marquam Grand Theater
next Thursday, Friday, Saturday nights,
November 10, 11, 12, with a. special-price
matinee Saturday. The story Is laid in
Texas and on the Mexican border and
as a consequence affords a new and bril
liant idea for opera and delivers into
the hands of the scenic artists and cos
tumer grand opportunities for novelty and
color theme. Altogether, "The Tender
foot" may be considered a most welcome
AT THE VAUDEVILLE THEATERS
If ever a vaudeville team deserved the
title "great," It Is the toplincr trio at the
Star this week, Sylvester, Jones and
Prlngle comedians, singers and funmak
ers. When here on their last visit they
made a tremendous 'hit. and will surely
duplicate their success on this occasion.
Their first-class work shows how three
clever young men gifted with naturally
good voices can raise vaudeville singing
to a high plane. The baritone sings
"You're the Sweetest Flower That Grows
in Tennessee," and the basso cantante
sings a sea song, his lowest notes reach
ing to his boots. His voice Is a telling
one. The darky of the trio scored an
instantaneous hit with his rollicking
"Mississippi Mamie." Paul Le Croix is
a good comedy juggler, his hat and cigar
tricks being most amusing and enter
taining. The Lippincotts, dancers and
singers, solve the question of when a girl
should marry, and Cameron and Toledo
shine in their operatic extravaganza. New
pictures are shown by the projecloscope.
and Hall, Weston and Coburn amuse with
their comedy, "Charge It to Bill."
Miss Ethel Fuller Is appearing In vaude
ville on the same stage at the Baker,
where a few weeks ago she was leading
lady with Melbourne MacDowelL Miss
Fuller Is doing the "curse scene" from
"Leah," and Is adding to the laurels she
has already won In Portland. She was
given a hearty welcome by packed houses
at every performance of the Baker yes
terday and last night.
The entire bill this week at the Baker
Is an unusually attractive one. The Kll
ties trio make a hit-with their Scotch
dialect songs and music. Perry and Sims
are a couple of clever sketch artl3ts and
Eva Batchelder Perkins, the singing car
toonist, presents something rather new
In the vaudeville line, Adelphla Is clever
In, shadowgraphs, and in fact the entire
bill Is ono not to be missed.
Baby Kelly Is really a little child who
dances, tells stories and cracks jokes.
showing talent that would make many an
older person envious. He Is one of the
biggest attractions this week at the Ar
cade, and his definition of the difference
between Uncle Sara, a rooster and an old
maid, provoked peals of laughter. His
father wears stunning clothes, and the
trio also pleases In dancing and In the
singing of two songs, "Mandy" and
"Barney, Come Home Once More." Have
you ever heard a real little girl sing songs
lo ner doiu .No? well, you'll have
chance to hear tho rarity by watching
Irene Kober, novelty artist, who sings
with a tuneful voice a charming ditty
about a dolly that Is sick because tho
sawdust fell out. The girl performer In
the Le Clair and West team has a pleas
Ing soprano voice, which she uses to good
effect in the lullaby song from "Er-
mlnle." Her partner makes fun and sings
a song, "If X Were a Millionaire," telling
tho great things he would accomplish. The
bioscope shows a snow scene, and an
amusing difficulty with a chimney-sweep.
Kate Coyle sings "When the Frost. Is on
the Pumpkins, Maggie Dear." The Mor
rises, physical culture exponents, complete
me .LA'tic as usual has a full pro
gramme of musical turns this week with
bright, clever songs and a dozen new
steps to every dance. The liyric na3
earned its fame as a comedy house and
Introduces tuneful songs and catchy music
every week. Yesterday afternoon tho bill
for the next six days opened with Leon
ard and Fulton, high-class vaudeville
comedians, witty and funny. Following
came Dunn, the mimic, who can Imitate
any sound ever heard and put a laugh In
It. His Instrumental Imitations make the
audience look around to see if the in
strument Itself is not hidden somewhere.
The Shetland Sisters brought on next the
ever-welcome song and dance turn made
especially attractive by these little, sou
brettes. Hoyt has a new illustrated song
In Down at the Baby Store." And like
a good show, when the audience had
thought It had Its dime's worth, Weston
and Beasley, acrobatic artists, song and
dance specialists, funny people, added half
a dollar s worth themselves.
There arc no dull moments In the new
bill at the Bijou. While tho whole bill
is a good one, tho hit of all Is Roberts,
Smllax & Co., with their trained bull
terriers. Trained bull terriers are a rari
ty, but those at the Bijou are smarter than
some people and do some unusually clever
wings, as weu as some funny ones. The
dogs are presented with a comedy and
nign-Kiciung act which Is really good.
The Baxters, aerial cyclists, do some
wonderful things on the -slackwlre with
bicycles. Not less clever are the Bern-
Beys In a hoop-rolling and sketch-team
act. Mattel Maitland Is a good contor
tion dancer, and so on through the pro
gramme. It Is an entertaining one.
The moving-picture machine this week
presents the "Train Bobbery," a realistic
presentation and one of the best films ex
Tigers Win Close Game From Angels.
LOS ANGELES, Cal., Nov. 7. Los An
gelcs and Tacoma played off a postponed
game this afternoon, and the Northerners
took it by the score of 2 to X. Score;
Los Angeles 10000000 01 6 2
Tacoma. 00000100 12 5
Batteries Jones and Spies; Fitzgerald
and Hogan. ' Umpire Perrlne.
Torrential Rains in Panama.
COLON, Nov. 7. Torrential rains are
prevailing here. There has been a fall of
over 13 Inches in tho last 29 hours.
Vandrbllt? Hers Pari Winner.
PARIS. Nov.- 7. W. X. Vaafierbilt's
Polyparn won the prlx Porcncutue at the
Saint Cloud races today.
PRECINCT BOUNDARIES ANDvPOLLING PLACES
FOR TODAY'S ELECTION
The precinct boundaries and polling places in the City of Portland and the
polling places outside the city are as follows.
ITRST WARD. (
No. 1 (Includes Swan Island) City boundary to North Twenty-fourth street;
Pettygrove street and Cornell road to the "Willamette River: 800 Tbunnan street.
No. 2 Twenty-fourth street to the Willamette River; Savier. street to the
Willamette River; 391 North Eighteenth street.
No. 3 Twenty-fourth street to the Willamette River; Pettygrove to Eavlcr
street; 564 Savler street.
2io. 4 Pettysrove street and Willamette River to Everett street; Ninth street
to Willamette River; 327 Flanders street.
No. 3 Irving street to Everett street; Seventeenth street to Ninth' street;
103 North Fourteenth street.
No. 6 Pettygrove street to Irving street; Seventeenth street to Ninth street;
160 North Fourteenth street.
No. 7 Johnson to Everett street; Cornell road to Seventeenth street; 178
North Twenty-first street.
No S Pettygrove to Johnson street; Cornell road to Seventeenth street; 2S5
North Nineteenth street.
No. S Everett to Couch and Burnslde streets; Park street to Willamette
Riverj 60 North Sixth street.
No. 10 Couch and Burnslde streets to Oak street; Park street to Willamette
River; 333 Ankeny street. ...
No. 11 Oak street to' Washington street; Park street to - Willamette River;
307 Stark street. .
No. 12 Everett to Washington street: Fourteenth to Park street; 46S Burn
No. 13 Thlsprednct runs from Park street to the city boundary, and Is
bounded by Washington and Everett streets, and their extensions Barnes and
Cornell roads; 35 North Nineteenth street.
No. 14 Washington to Morrison street; Park street to Willamette Ryer:
330 Alder street. .
No. 15 Washington to Morrison street; Chapman to Park street; 420 Wash
No. 16 Morrison to Taylor street; Seventh street to Willamette River; 2S0
No. 17 Morrison to Taylor street; Seventh street to Fourteenth street; 347
Yamhill street. ,
No, 18 Taylor to Main street; Tenth.street to Willamette River; tent south
east corner Fourth and Salmon streets.
No. 19 Main to Taylor, Tenth to Fourteenth; and Morrison to Jefferson;
Fourteenth to Chapman street; 270 Sixteenth street.
No. 20 Chapman street to city boundary: Washington street and Barnes road
to Jefferson street and Canyon road; west end Exposition building.
No. 21 Main to Jefferson street; Seventh street to Willamette River; tent,,
northwest corner Third and Madison streets.
No. 22 Main lo Jclerwn street: Fourteenth to Seventh street; 273 Eleventh
No. 23 Jefferson street to Market; Fifth street to Willamette River; 224
Columbia street. . . .
No. 24 Market to Harrison street; Fifth street to Willamette River; 335 Sec
No. 25 Jefferson to Harrison street; Fifth to Tenth' street; tent, northwest
corner Seventh and Main streets.
No. 26 Jefferson to Harrison street; Tenth to Fourteenth street; tent, south
west corner Eleventh and Columbia streets.
No. 27 Fourteenth street to Canyon road; Jefferson street to Harrison. Hall
street extension and Jackson street; 318 Jefferson street.
No. 2S (triangular) Bounded by Sixth. Harrison and Lincoln streets; 403
Third street. . .
No. 28 Harrison street to Patton County road; Sixth street to Banfleld and
Pennoyer. east boundary line. Fourteenth and Sixteenth streets; 435 Sixth street.
No. 30 East boundary line. Fourteenth and Sixteenth streets to Canyon
road; city boundary to Harrison, Hall-street extension and Jackson street; hose
house. Chapman, between Elm and Spring streets.
No. 31 Lincoln to Caruthers street; Sixth street to Willamette River; 504
No. 32 Caruthers to Mead and Sheridan streets; Slxjh and Fourth streets
to tyilamette River; 6S3 First street.
No. 33 Meade and Sheridan streets and County Patton road to Woods .street;
city boundary to Willamette River; 752 First street. '
No. 34 Woods street to Curry street; city boundary to Willamette; First
street, near Glbbs,
No. 35 Curry street to Seymour avenue; city boundary to Willamette; 845
Corbet t street.
No. 36 Seymour avenue to city boundary; city boundary to Willamette:
145S Macadam street.
No. 37 City boundary and Southern Pacific Railroad to Willamette; city
boundary to Holg&te street; Fireman's Hall, Sellwood.
No. 38 (Includes Ross Island) Holgate to Division street: Southern Pacific
Railroad and East Twenty-first street to Willamette River: 370 Powell street.
No. 30 Division street to' Hawthorne avenue; East Eighth to Willamette
River; 292 Grand avenue.
Xo. 40 Division street to Hawthorne avenue; East Eighth to city boundary;
373 East Eleventh street.
No. 41 City boundary to Division street; Southern Pacific Railroad and East
Twenty-first street to city boundary; corner Twenty-sixth and Powell streets,
No. 42 Hawthorne avenue to East Stark; East Tenth to Willamette River;
122 Grand avenue.
No. 43 Hawthorne avenue to Eas; Stark and Base Line road; East Tenth .to
East Thirtieth street; tent, northeast corner East Eighteenth and East Morri
No. 44 .Hawthorne avenue to Base Line road; East Thirtieth to city boun
dary: 996 H Belmont street.
No. 45 East Stark to East Ankeny; East Twelfth to Willamette River; 71
No. 46 East Ankeny to East GUsan; East Twelfth to Willamette Riverj
3S3 East Burnslde street.
No. 47 Base Line Road to East Gllsan and Sandy road; East Twelfth to city
boundary: tent, northeast corner East Eighteenth and East Ash streets.
No. 4S East Gllsan and Sandy road to Halsey street; Sandy road to Wil
lamette; 375 Holladay avenue.
No. 49 Halsey street to Hancock street; East-Fourteenth street to Willam
ette: 341 Williams avenue.
No. 50 Hancock street and Willamette River to Fremont street; Goldsmith
and AlMna avenue to Willamette River; '528 Mississippi avenue.
No. 51 Hancock to Fremont street; Vancouver avenue to Albina avenue and
Goldsmith; 154 Russell street.
No. 52 Hancock to Fremont street; Vancouver avenue to Union avenue; 253
No. 53 Halsey and Hancock streets to Fremont street and County, road;
Union avenue and East Fourteenth street to city boundary; 41S Union avenue
No. 54 Fremont street to Kllllngsworth avenue; Vancouver avenue to Wil
lamette: hose house, 859 Mississippi avenue.
No. 55 Fremont street to Kllllngsworth avenue; Vancouver avenue to Sec
tion line (between sections 23 and 24); S51 Williams avenue.
No. 56 (Woodlawn) Fremont etreet and Kllllngsworth avenue to city boun
dary: Vancouver road and Section line to city boundary; corner Eighth and
Dekum avenue. Woodlawn.
No. 57 Kllllngsworth avenue and Willamette River to city boundary: Van
couver road to center line of seetlons S, 17 and 5; Peninsular Rail. Peninsular
No. 5S (Portsmouth) Willamette River to city boundary line: center line
sections 8, 17 and 4 to McKenna avenue; Reynolds' store, Portsmouth Station.
POLLING PLACES OUTSIDE PORTLAND.
No. 69 (St. Johns), schoolbouse.
No. 60 (Columbia), schoolhouse.
No. 61 (Mount Tabor), W. O. W. Hall, West avenue and Base Line road.
No. 62 (South Mount Tabor), schoolbouse. ' '
No. 63 (Woodstock), band hall.
No. 64 (Lents).
No. 65 (Kllgaver).
No. 66 (Montavllla). Oddfellows' HalL - ... ..
No. 67 (Russellvllie), Postotfice building. '' -t . - j
No. OS (Rockwood), public hall.
No. 69 (Falrvlew). public hall.
No. 70 (Troutdale). Labor Union HalL
No. 71 (Gresham). Regners Hall.
No. 72 (Powell's Valley), Hamlin's workshop.
No.. 73 (Hurlburt). Hnrlburt's Hall.
No. 74 (Bridal Veil), Bridal Veil schoolbouse..
' No. 75 (Reeders), schoolhouse.
No. 76 (Willamette Slough), schoolhouse.
No. 77 (Holbrook). schoolhoUsa.
No. 78 (Llnnton), HUderflnch Hall.
No. 79 (Sylvan). Prince's store.
No. 80 (Mount Zlon). Mount Zlon schoolhouse.
No. 81 (Bertha), schoolhouse. -No.
82 (Rlverdale). '
No. S3 (West Portland), echoolhouse.
FIGHTING GAME MAY OPEN
SPORTS HAVE HOPES AUTHOR!.
TIES WILL NOT INTERFERE.
District Attorney and Sheriff Both
Decline, to Discuss the Subject
"Will the prizefighting game be re
opened in Portland?'' la the question which
local sports are just now discussing. The
prevailing opinion is that the good old
times, when two "gents" were permitted
to pull oft a polite "go" without molesta
tion from the authorities, are about to
Galk of the revival of prizefighting here
was. freely Indulged In yesterday, the un
derstanding being that the officers will
make this concession to tho sports as a
feeler. If the storm of protest Is not
too violent, other concessions will probably
follow to the end that Portland will again
ba made open, and a "live one," in sport
Tommy Burns, a well-known Chicago
pug, struck town yesterday for the pur
pose of Investigating local conditions
with a view of arranging a mill here In
the near future with Dave Barry, the
San Francisco middleweight. He spent
the day In conference with Tommy Tra
cey and other local lights, and announced
last night that he had received assurances
that a fight could be negotiated here with
out interference from the authorities.
Burns Is a middleweight of considerable
importance, and is understood to bare
plenty of Chicago money back of him.
He recently fought a draw with Billy
Woods, the colored boy, at San Francisco,
and is anxious to get another chance at
liim. He declares that he should have
had the decision on the former occasion,
but was Jobbed out of It because of the
heavy bets which the 'Frisco talent had
on Woods. If be cannot secure a bout
with Barry he will attempt to arrange
another meeting with Woods, and In
either event he wants to fight In Pdriland.
"This la a good fight town, and I be
lieve tho time Is rlht to pull off bouts
here again," said he last night. "I've
been told that the authorities will let
Us clone and X shall stay here the rest of
the .week to Jrjr and fix it, I'm ia.oor-
najjBuayaco wjui oan .erancisco men
about meeting one of the California fight
ers here, and think I will succeed In ar
ranging for a fight here before long. Of
course, If I don t receive the proper en
couragement here I'll go to the California
When District Attorney John Manning
and bhcrlir word were approached on
the subject of a revival of prizefighting
in Portland, and the Burns proposition in
particularr they both declined to discuss
the matter. Mr. Manning pleaded Ignor
ance of Fighter Burns presence in the
city, but said he had heard that Tommy
Tracey was quietly working up a mill of
some sort, "They have had no ass lo
an ces from mo," said Mr. Manning.
"You'd better ask Tom word about It.'
The Sheriff displayed considerable tem
per when approached on the subject, and
declined to talk prizefights or prizefighters
for the edification of his constituents.
And the sports are still figuring, and
hoping and winking the other eye.
Races at Aqueduct.
NEW YORK. Nov. 7. Aqueduct results:
Six furlongs Fleur de Marie won; Ca-
clngorm second, Merry Lark third; time,
One mile and a sixteenth The - South
erner won, OUsten second, Cloverland
third; time. 2:15.
Tho Woodmore stakes, seven furlongs
Gay boy won. Crown Price second, Damon
third; time, 1:27.
Six and one-half furlongs Ocean Tide
won, Thistle Heathy second. Santa Cat
allha third; "time, 1:293-5.
One mile, selling Thespian won. Price
Chlng second, Reliance third; time,
Five furlbngSr-Fioralla won. Pretty Tel
ly second;. Ivucy Young third; time, 1:001
Y. M. C. A. to Play at McMInnvUIe.
The Y. X. C. A. football eleven will go
to McMinnvllle Saturday to play the col
lege there. The T. M. C A. team has so
far been hampered by the necessity of
playing raw men, bat a full elevek Is now
practicing evenings, and win have devel
oped team work by the ead of the week.
Multnoinah Handball Tournament.
Bennett and Harder defeated. Douglas
and Haines in the opening xaseee of the
handball tournament at' the XuKnotnab
Club -last night by score of 31-. Jf-21,
21-19. During the rest of tfce week there
are games scheduled for each night lor
doubles. A!l next week the siagle will
be play4 oC
PRINTED PERSUASION is all very well in bringing
you into our store but we've something better to show
you when you come in. Just solid facts--- when it
comes to reasons why BUCK'S HEATERS are best of
all. "More heat with less fuel' that's our chief 'claim. Ask
us about it.
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This Encyclopaedia Britannica contains more than twice the amount
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