The Oregon daily journal., October 30, 1910, Page 21, Image 21

p.'
THE OREGON SUNDAY JOURNAL, PORTLAND, SUNDAY MORNING, , OCTOBER . 30, V 1910.
SITAI
ISOLD ,
FOR tARGE SI
Hartmarr & Thompson Buy Site
' of Institution for $200,000
Cash; Will Be Residence
Property. , -
. The heaviest transaction in strictly
Inside realty made In Portland since
the taking over of the two King's
Heights tracts last winter, and one that
will have the inost far-reaching effect
In the development of the East. Side as
a residence center, was the sale yester
day of the Crystal Springs sanitarium
property to a syndicate of "lflfcal - cap.
ltallsts headed hy Hartmnn & Thomp
son. ,
This, tract embraces about 24 acres
on the ndrth slope of Mt. Tabor, which
.belonged to R. fi: Tuttle -and Dr. R-'l
Gillespie, Joint owners of the sanitarium
company It was sold for $200,000- and
it is Understood the .consideration- was
paid In cash. Negotiations have been
iunder way several days looking to the
sale of.thl property; but It was only
Friday last the deal was finally closed
and the papers signed.
.The price Is slightly above $8000 an
acre, or nearly $1500 for each 60 foot
lot contained In the tract, v s -
It is the purpose of itie purchasing
syndicate, said E. L. TliWmpson yester
day, to make of this tract one of the
finest residence districts In Portland. It
Is to be contoured, the -streets hard sur
faced and every improvement made that
is essential to the development of a
high grade residence " property:- There
are a number of buildings on the tract
which were erected by the sanitarium
company, all of which go with the sale,
except .Jdornlhgsids House, whers the
Alaska Insane were, kepCi. This build
ing Is to be moved to a farm owned
; by Mr. Tuttle and' pr. Gillespie, north
of Mt Tabor, and will be again used
as & hospital for the government Insane...--
; - ,',y
In giving the reason for selling the
sanitarium property. Dr. Gillespie said
yesterday that he and Mr. Tuttle not
only iecelved good offer for the
grounds, vbut that both of . them Were
satisfied the time had come when Mt
Tabor should be given a chance to de
.vejop as have other valuable (tod sightly
residence sections, and that this develop.
. ment would not take place as long as
thu aanltArtllrn atutiiniAl nnMtn" if
the hill.
IS THERE NECESSITY FOR FURTHER
NATIONALRAILROAD LEGISLATION?
WHO KILLED TIGER
STILL UNANS
ID
..... (BJ lha Int.rmtlnnnl N Rente. "
' Paris, Oct 29. For thres days a tig
ress spread terror in Marseilles. Glorious
tales or prowess were telegraphed here
at, the time,. Europe rang with the deads
ff- a thousand -lTartarlns. -Th tigress
ended by dying somehow. - Now, months
afterward, the question still Is. How
did she did? Two courageous citizens
claimed the credit of having dispatched
rer. one is a Norwegian or Swedish
tiger-tamer, the. other was born in the
Phoenician city Itself.-'-'. The- contest be-
i tween the two still lasts. Who killed
the tigress? I, says the tigress-tamer.
No, I killed her, says the Marseilles.
!-Officially the Marceillais. by a first
decision,, was ousted. A gold medal was
conferred by the state on the Soanda
X avian tamer for having shot the
tigress. But the Marseillals does not
own himself beaten Ho has-instituted
in. the proper quarter suit which, If
he succeeds in It will Indicate .his prow
ess. He petitions to obtain possession
of the skin of the threes "which at the
peril of his life, he exterminated." The
stuffed tigress is at present In a
museum.
i The petition" the Marseillals throws
the authorities into, perplexity. 'Who
killed the tigress? One result however,
Is achieved. At the time of ths great
tigress hunt, Paris, as may now be con
fessed, rather doubted whether- there
wrs any teal 'tifc-rfWln the case at all.
The"; Marseinf.1rA'-'.-pVtJt!i)?.v I'M-.'' nor
s!lenced such untt6ithy. vpt!(l-tn,
it has elicited Incontrovertible lnfftrinn.
tion,; There really, was i tigress in" the
case, since she is now to be seen stuffed
in a museum at Marseilles.;
Grants Pass has purchased. a $2400
steam roller. . ;-...(, .
From the Timberman.
From a layman's standpoint it is. dif
ficult to understand why a plain law
for a speclflo purpose Is so" difficult to
make effective. Cannot the legislatures
express their Intent In proper language,
or wllPnot the courts give it effect?
It was sunposed that congress naa ae-
flned the powers of the Interstate Com
merce commission as to making raws,
and the powers of the court to review
the findings of the commission, ana mat
the supreme court had in plain language
construed this law so that there could
be . no mistake. ' It was supposed that
rate making was a legislative, not
judicial, function; when the Interstate
Commerce commission acted within the
scope of its powers its orders could not
be set aside because a court disagreed
with its conclusions.
We say we had supposed these facts
were known, understood and settled,
but it would seem from the decision of
the master 'in chancery In the lumber
rate cases' at St Paul, recently affirmed
by the court, that possibly we have all
been mistaken in our opinions. In this
case the master not only set aside the
orders .of - the commission and substi
tuted his own in lieu thereof, but re
ferred to the commission in language
which was far from respectful, let alone
complimentary. If this Can be done,
then the fight for regulation has bat
commenced. , .
i .Attack:-lumber .Sates. ' .-."
In the fall of 190T the lumber Inter-
ests of the northwest brought proceed
ings before the Interstate Commerce
commission attacking certain advances
in lumber , rates - from the -north
Paclflo coast colnts to certain east
ern .territory. immense . lnteresxs
were involved , and v many .. intricate
auestions had to - be considered.
A trial was .had. Both sides introduced
a large amount of testimony, which, ex
tended, ran into several thousand pages.
In addition the commission had its own
experts to work upon the case; it had
is own knowledge gained from years
of experience to draw on; it had been
hearing cases respecting lumber rates
all over the country. After careful con
slderation,; it finally announced its de
cision, fixing tne rates, in some in
stances it restored the rates as tney
were prior . to the advances, in others
they allowed some advance, but not the
full amount claimed by the railroads.
However, It was the decision of a
body created ... by law to pass on the
question; and the mlllmen, who had no
appeal to the courts, accepted it loyal
ly and without complaint The rail1
roads, however, at once brought- suit
in the United States circuit court at St
Paul to have the order 'set aside. They
alleged the rate fixed by the commission
was confiscatory t that it preferred lum
ber to other traffic and discriminated
against other traffic. These were the
two real -t grounds. The , case was re-t
ferred by the court ' to :a master in
ohancory to hear it and report , with
his findings of fact and conclusions of
law. Hi was a. young man, confessed
ly without experience In rate matters.
Again more thousands of pages of testi
mony, were taken and long arguments
had. - After some time elapsed ne' filed
his findings of. fact and conclusions of
law, which we have before us. -"
. Findings of Tact '.j.
On the. salient points his findings of
fact were: That the allegations of con
fiscatlon had not been sustained, on the
contrary, .that the railroads were paying
aiviaenas, expending vast sums on im
provements from earnings, and had each
created a large surplus; that the alleged
tion as to discrimination against other
trafflo had not -been proven. In fact
that no testimony at all was offered on
this subject! that the rates themselves,
while low, paid more than cost . In
deed, on all the controlling Issues,, a
reading of his report shows that he
found the f aetn in favor of the ship
pers. However, he disagreed with tne
commission on the reasonableness' of the
rate it fixed to St -Paul and to Chicago
holding that If- 50 cents was a reason,
able rate to Omaha, 45-cents. to St Paul
must necessarily be Unreasonable, seem
ingly attaching no Importance to the
fact that In Chicago shipments the east
ern roads received S cents out of the
Omaha rate, while the roads to, St Paul
gave up no part of their rate.' - As con
clusions of law, he held that the court
had full power to review the findings
of the commission If tney were the re
sult of arbitrary action; full power to
determine if the rates Were reasonable
In the,ordlnary and common acceptation
of Ahe word reasonable, and not in its
constitutional sense In other words,
that the court was endowed with exactly
the' same powers as the .commission.
Having found as a fact that the rates
were not confiscatory and did not dis
criminate against other traffic, his re
port shows that he constructed a, theory
pf his own and one, not advanced by the
railroads, in order to support his con
tentions, and that Is tha,t the commis
sion arbitrarily and without reason dis
criminated in favor of St Paul
The
States,
of
the United
commission
supreme court
in referrlnar to th
and. its findings, has frequently Stated
inttv iib unaings "are fort fled hv nr-
sumptlona of truth duo to the JudKments
or a tribunal appointed by law and in
formed by experience." 1 The master,
however, speaks of the flndine nf th
commission in ianjniaKe uch. as tha
following: He finds certain features
To be a gross, arbitrary and palpable
disregard and perversion not only of
the Intent and spirit of the law, but of
the very terms of the taw Itself, 'where
in It prohibits discrimination against
carriers and localities.'
Again, he refers to , he findings as
y inconsistent and vlnlat a m,
fundamental principles of rational Jus
tice so incompatible pf the commls-
oiuii u own exnresseil tinttnna nf hit
Is just and reasonable. ta minify.
and evince upon its fc ' h!tr
violation of. the spirit and ntent of the
una an arDitrary disregard of the
fundamental principles of the Inter
state Commerce act out tf which tholr
p1wer" "row' ndin .ecordanee ,with
which their powers must be exercised."
Commissioners Experienced Men. "
These' are illustrative of hla
upon-the findinsrs of a hndv ai n..n n
wlom the supreme court of the United
States gives apt only the utmost con
sideration, but- whose findings on ques
t ions of fact it sustains, and says their
findings 'are fortified, by jp resumptions
of truth due to the Judgment of a tribunal-appointed
by law and Informed
by experience." It should be remem
bered that some of these commission-,
era . have, been, members -of that body
for nearly 20 years, and have bee mak
ing, a special study of the rate situation-
under the Jaw during an of that
period, yet a master In chancery, who
never had any experience, thus treats
the findings of this experienced admin
istratlve body. ,
Having thus dlsnosed of th omffUa.
slon, the report shows he then pro
ceeded to fix the rates according to his
own ideas of" reasonableness and ab
stract Justice. West of the Pembina
Port Arthur line, whjch Includes Omaha
and Kansas City, he. allows the com
mission's order to stand. He fixes a
60-cent rate to St Paul from the Pa
ciflo coast and 80 cents to Chicago.
Here he follows the rates fixed by the
Av " . v " -
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E " - -- y ti i" i M . I
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CENSUS STRIFE NOT V.
YET SETTLED; RUu'OH
. AT WASHINGTON, D. a
(Stll Dlspth to, Tht Jm!rnl. A
' Washington. Oct 2!). ii rector
Ourand today refused to Indorse
statement made by one of his
subordinates that the bureau had
decided to do nothing further as e
to Portland's vensus.
. His statement indicates that
he still debates the advisability
of asking the grand jury to take
up the cases. It Is Impossible to
learn against whom such pro-
ceedlngs, If , any would be in-
stltuted. .
New Buildings Recently Completed at tie Southwest Corner of Twelfth and. Stark Streets for Whli-
uey-Gray and H.' J. Hefty. ' .' - y . :
railroads. However, "when he takes up
the Omaha-Chicago rate he makes bis
own tariff, .differing both from com
mission and railroads. As fixed orig
inally by the railroads the rate was 66
cents to Omaha and 60 cents to Cbloago.
It appears that ' tha differential of 5
cents between the two points was fixed
and determined by the railroads them
selves. - Acts of Master.
When the commission established the
Omaha-Chicago rate they observed the
same differential, but fixed the rate f 0
cents to Qmaha and ES cents to Chicago
The master, however, allows the Omaha
rate to stand $0 cents, as fixed by the
commission, but advances the Chicago
rate to 60 cents, thus allowing a differ
ential of 10 cents, one that never ex
isted and never? was - claimed .by the
railroads. This ruling"-was probably
influenced by . his finding fixing the
rate to Chicago through St. Paul. - i
To sustain the 80 cent rate through
St Paul to Chicago It was,' of course,
necessary the rate through Omaha be
90 cents. ; Therefore, in order to main
tain the rate through St. Paul, it was
necessary to advance the' rate through
Omaha to Chicago. Thus the master
not only fixed a rate, but also abso
lutely eliminated the competitive situ
ation at Chicago. , He not only advanced
rates .to Chicago over the , Harrlman
lines, but deprived the' consumers of
what little is left of competition. . .
' Xepor Zs Inter e sting.
Anyone who is curious enough' to
learn If this, statement Is. exaggerated
can possibly procure a copy of the mas
ter's report at the office of the clerk
of the United States court in St Paul,
and we sincerely hope that this report
will be read by all those Interested In
the subject of transportation and legis
lation, ' ; : '.v
' The report was duly filed, and after
exceptions to the same were taken and
overruled by the master, it was submit
ted to the court on the lEth day of last
September, The record In the case was
extremely long and voluminous, and
necessarily where the time of argument
was limited to one day It was manifestly
impossible that either, side could do
more In the argument than present the
briefest outline of the case. From tel
egraphio reports it appears that the
master's report has'. been sustained. ; It
will certainly be of interest to all ship
pers as .well as those, interested In the
subject to read the opinion filed In this
case. ,
, right Just Begun. "
One thing is certain and that is if
hearings before the commission are to
De set asiae'on uie reports yi
in chancery, and their Judgment and
opinion as to the Justness and reason
ableness of rates and Other transporta
tion questions oe suDsuxuiea ior xnoa
of the body created by law to pass upon
and consider them, the fight for tne
proper regulation of rates has but Just
commenced, .'-vy:'-"'" v"--; :'.:! i. '-'.-':;'" '':
The lumbermen of the coast spent
thousands of dollars 14 the defense and
nrniAfttitton- of this case. Onlv to find
that their efforts have Been thwarted
through a miscarriage of Justice. , An
appeal will be taken to the supreme
court by the Interstate Commerce com
mlBslon for a final determination.
Just what action the roads will de
cide to take In , the 'matter of advano
ihg rates Is, of course, not known.
There is one certain and determined
fact that Paclflo lumber cannot move
eastward In competition with other
woods at any higher rates than now prevail.
Chines Parents' Combined Age IT.
Peking. Oct $. The provlnoe of
Chansl has furnished the youngest pa
rents on record, A lad of Is the father
and. his .wife, Is a girl of . is the
mother. "
They are of the aristooraoy of the
city of Tal-Tuan Fu and were wedded
according to local custom. The child is
a" normal, healthy baby. The facts have
been officially reputed by the gover
nor of Chansl.. . ' , ,
A Christmas Present for Your House
-This - "Carbide"1 looks like coal but
acts like magic. i - ,
-It, solved the. Rural Gaslight prob-
trbtae won't burnrcan't explode, arid
4n the lOff-lb.
anywhere for" years, stored
steei arums in which it la
Home-Made Gas Lights tor
T Country Homes ,
BT P, A. BRYANT.
The Kerosene Lamp finally killed the
Candle. ,
And now that Kerosene Lamp must
move on to iJahomev.
pecause, - Kerosene "can't hold a
candle' to Acetylene, the "Rural Gas
light" Of today and of the future. , ,
Long ago City and Town people threw
away their Lamps and adopted Gas In
stead for homo lighting. ,: .
Because, Gas needed no cleaning, fill,
rng, wick-trimmlng, nor chimney-wiping
865 times nor, year aa' the vilesmelling
kerosene Lamps, did-. , , ; :.-.-..'-.-
Moreover, Cas "gave --more light for
less money, as City folks soon dis
covered.', t,....-,' '."-.. ,' v.
So.. It would need -a lof-of sesrehing
today In Cities or Towns to find an
occasional Kerosene Lamp. ;
Gaslight for the Country came slowly,
howeyen with Rural Delivery and the
Rural Telephone. -
because. Rural 'Gaslight must be
trtade g thpm e. ,as..Ka ui Ilea wte - n&
Countjw Polks are not chemists. - -.
But. the ready-to-make-Gas came at
last. : .
Its name is "Acetylene."
It Is made from Calcium Carbide and
plain water; - . ...
shinned from the factory.
when this carbide is merely dropped
lni? w.ater 11 Produces Acetylene Gas,
' W,,1,C,V.,8 ten times richer than the best
City Gas. . - . ,v ... ,
. When that Oas Is lighted at a Jet,
B1m.e ?.tC.ity-a' !t f,v brllliani
white light of exactly the same cheml
i aluallty and color-balance as Sun-
I Moreover, Acetylene Gas is ten times
! purer than Clty Gas. s that only one-
tenth as much of its flame is needed
, as would be - required for the same
enndle-power of Jight from . City Gas,
' Kerosene, or Gasoline. .
, This means that only, a very small
i fraction of the heat, and none of the
I oot or smell of Kerosene or Gasolene
Is present V "' r-. : . - . v : , ..
i eiso accounts for the fact that an
Acetylene Light . of 24 candle-power
tfosts only 3 -cents for ten hours'
lighting, while Kerosene, at 12 cents
per gallon, costs 6 cents for that same
ist candle-power in ten hours lighting,
wicks,, chimney and - breakage con
sidered, t '' ( K.' ..,- ,.' -
Now 40 Aeetylene Lights need only 81
minutes ner month nt iia. knl 7
Kerosene Lamps need that esm 80
minutes labor every day for 365 days
In the year.
Compare six hours labor per year for
40 Acetylene Lights, -with 183 hours
labor, per year, for t Kerosene Lamps.
Then consider the unpleasant kind of
work "Lamp Sieving" is.
Meantime, -Acetylene Is the ' most
beautiful Light ever used In a home,
hotel or Store, as well as the cheapest
and most convenient. . ' ....
Brilliant, cool, steady, soft safe and
colorless as Sunlight Itself.
Two million Americans use it regularly-and
over 849 Towns are publicly
lighted by It. . .
Shall we telt you how-little it neM
cost to make this ttme-savlng, monev
saving and beautifying , Light at your
own home?
- Write us today how many rdoms
ym'w-grtrlm-frgfli "anfoie, Hotel or
church to light, and receive definite, in
formation. .
P. A. 8BTA3TT,
183 Kadiion 8t, Portland, Oregon,
.Phon BtAla,I04a. .
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U1T
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CASlEr0A(lY.A10UNCES
Their Coin Paying" Machine, Model Nb. I, Is Ready for Manufacture and Model' No. .2 Nearly So
Surely the Most Promising Industry for Investment
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MODEL NO. i THE BILYEU CASHIER U a wonderful devise for banks, stores and
companies with large pay rolls and all classes of business where change mtist be made
quickly. You press the. keys corresponding to the "ampunt desired, turn the cranic and the
exact amount (the machine cannot make a mistake)' falls into your hand, at the same time
It registers on the tape at op, exact amount paid. This does away with a listing machine,
and the services of one man in a bank. This machine also makes change for one, five,
. ten or twenty dollars by touching one key only e mechanical brain
- The COMPANY is INCORPORATED under
-he laws of the State of Oregon and the manage
ment is vested in a board of five directors, who have
shown marked ability m purchasing and . consoli
dating the United States interests of the Bilyeu and
Potter. Cashiers (the latter paid in full). -Model
No. 2 will be ready for demonstration in
ten days. ' '
ml TUP XT A T TTT? rTf Ttrt? T A TPMT UTntTTtl
the Bilyeu and Potter Cashiers for the United States
alone is almost priceless, as there is a great demand
for these labor-saving,.- error-preventing, change-making
and coin-paying machines , by banks, stores, com
panies with large pay rolls, theatre and railroad ticket
MODEL NO. 2 THE POTTER CASHIER, a marvelous machine. By pressing the
proper keys (in a Bank) it pays automatically the exact amount of check, the correct
amount of check falls into your hand. At the lower right-hand side is the table and slot
where amount cashier pays is stamped on back of check. This prevents errors, which are
often made by the.best of Cashiers and Paying Tellers; also prevents claims" that are made
through these errors, as an indisputable record has been made and filed. w
.;WE OFFER FOR SALE a small block of stock
for factory and equipment in lots of 1 to 1000 shares
at the par value of $10 each. .
This will "enable the man of moderate means to
take advantage -of this great opportunity, whichewe
believe wili return annually $100 for every $100 in
vested at par (never sold below par), .
We believe you will agree that; these estimated"
dividends are conservative if you read these tes
timonials and the statement from. Moody's Manual.
offices. '
A FREE FACTORY SITE of several acres, to-'
.Model No. 1 is working perfectly and ready for i gether with a large cash bonus, is offered us by a large
manufacture,, as is fully attested by the indorse- realty company of this city, which is aboutequal to a
ments below: " ' - , V donation of $25,000.
These Valuable Indorsements Are From, Extracts Received From Portland's Best-Known Bankers and Business Men Who Have Thoroughly Tested the Machine.'
Fortunes Made by Ground-Floor Investors
S100 Invested la Rational Cash Register Co. returned $42.878
$100 . " " Burroashs Adding Machine Co. $41,3(9
H
' It la my opinion that this la th best machlna for
waking chanK .and for Payln TllrB and CaBhlara
that I have ever seen, as it make change by touching .
- one key only. The register ia a great advantage and
ought to prevent many errors which often creep in in
making change: :.. . .
MERCHANTS NATIONAL. BANK,
v.. ' (Signed) J. Frank Watson, Prea't
. Tour maohln u operated aiiccessfully on our
pay rolls, and presented many admirable feature, the
one appealing most etrongly to me being an infallible
record Of the cnah trannactions, thus simplifying the
' balancing of cash after heavy dny's payments. ,
CITY TKKASUREH'S OFFICE,
. (Signed). J. B. Werle in. Treat.
T am' sorry your cashier Is ndt rpady for sale, as I
would be-pleased to have' one for immediate use, and
await Its appearance on th market with pleasure.
. , - (Signed) D. M. WATSON,
. ' - . Prop. Watson's Kestaurant
It worked pcrftftly in every test we could devise
for It, and we consider it the best maohlne for paying
out coin that tt. have ever seen.
AMERICAN B VNK A TRUST COMPANY.
. (81gned) fcamuel Connell, Pres't.
I bespeak for your company marked success, as
your machine Is - a radical Improvement over any
machine on the markot.
MERCHANTS SAVINGS ft TRUST COMPANY.
i (Signed) W. H. Bar, Seo'y,
$10)
" Underwood Typewriter Co.
$38,325
$100
Coilap Rafcbzr Tire Co.
$50,009
$100 , M
Linotype Company
M
$25,000
$100
U'esliaghcnse Airbrake Co.
$47,850
The Westinghouse . Automatic Airbrake stock advanced
from $100- to $4000 per share. . J
-The Burroughs Adding Machine Company in their first
two years declared a stock dividend of 1000- per cent.- - -''
' Statement froni Moody's Manual.
.Call tit Office and See Demonstration
A factory to manufacture these machines in Port-
- land would add an Important Industry and help pro
mote the city's position as the manufacturing center Of
.the Padflo Northwest.
. MANUFACTURERS' ASSOCIATION,
(Signed) - S. B. Vincent, Seoy.
Portland needs Just this kind of high elasa lndns
trles and surely should not hesitate to promptly
finance this one, as the Inventors of both machines,
; the president, whom I have long and favorably known,
and the others directors are all Oregon men.
. , (Signed) W W, WEIXS,
Pres't Wells-Laber Lumber Co.
A' device of this Character has long bet-n desired hy
the banks and la thoroughly practicable. I can readily
see that with a machine as perfect as yours is at the
- present time that the natural evolution of the machine
would evldenUy be something startling.
. . LADD & TILTON BANK, -
, (Signed) ; C. B. Woodwerth.
Owing to the fact that it can be made In various
elzos and to cover any special form of pay roll desired,
there should be . ft. big demand for your- machines as
soon as they are placed on the marRet,
(Signed; MAJOR JAMES CANBY,
Paymaster U. 8. Army,
I am pleased to state that your cashier can be
made to beoome a- valuable accessory for bank nse.
. j GERMAN AMERICAN BANK,
; , ' iSlgned) S. O. Reed. Pres't,
Send Coupon Today
UfflB
ST
ATES CASHIER OTPAIW
AN UFACTURERSOlCiTiWGEMSl COIN-PAYING MACHINES
Honie Oifice 706-7-8-9 Lewis Building, Jorthnd, Oreson
OTrtTEO STATES OASHIXB CO, ' J-10'SO
706-7-8-9 Xwls Bldg., Portland, Oregon.
Kindly aqnd me booklet giving tne further Informa
tion concerning your company. - -. , ; f .
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