Town Report on Lincoln 1930-1934, Part 2

Author: Lincoln (Mass.)
Publication date: 1930
Publisher: Lincoln (Mass.)
Number of Pages: 928


USA > Massachusetts > Middlesex County > Lincoln > Town Report on Lincoln 1930-1934 > Part 2


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Question No. 3 LAW PROPOSED BY INITIATIVE PETITION


Shall the proposed law which amends General Laws, chapter 131, by inserting therein a new section number 59A, which in substance makes it a misdemeanor punish- able by a fine of fine of fifty dollars for any person to use, set or maintain any trap or other device for the capture of fur-bearing animals which is likely to cause continued suffering to an animal caught therein and which is not designed to kill the animal at once or take it alive unhurt, except traps or other devices for protection against vermin, set or maintained within fifty yards of any building or cultivated plot of land to the use of which the presence of vermin may be detrimental, be approved?


The Polls to be opened at seven o'clock A. M., and may be closed at seven o'clock P. M., and you are directed to serve this Warrant by posting an attested copy thereof in each of the Post Offices and one of the churches, or in some other public place, seven days at least before the day ap- pointed for said meeting, and to make seasonable return thereof with your doings thereon to the Town Clerk.


31


HEREOF FAIL NOT


Given unto our hands, this twenty-fifth day of October, in the year of our Lord nineteen hundred and thirty.


C. LEE TODD, ROBERT D. DONALDSON, HERBERT G. FARRAR, Selectmen of Lincoln.


A true copy attest : JOHN J. KELLIHER, Constable of Lincoln.


I have served this Warrant by posting an attested copy in each of the Post Offices and one in the Railroad Station seven days before the date of said meeting.


Signed: JOHN J. KELLIHER, Constable.


In accordance with the provisions of the foregoing War- rant the State Election was held in the Town Hall on the date specified.


The Polls were declared open at 7 o'clock and closed at 7 o'clock P. M. when the Polls closed and the ballots counted.


The result of the voting was as follows:


Whole number of ballots cast 464


32


FOR GOVERNOR


John W. Aikin


received


6 votes


Frank G. Allen Joseph B. Ely Alfred Baker Lewis


66


146


.6


2


66


Blanks


7


FOR LIEUTENANT GOVERNOR


Strabo V. Claggett


received 143 votes


Edith M. Williams


4


66


William Sterling Youngman


66


290


Blanks


27


FOR SECRETARY


Daniel T. Blessington


received


2 votes


Frederic W. Cook


298


Albert Sprague Coolidge


66


9


Chester J. O'Brien


66


129


Blanks


26


FOR TREASURER


Fred Jefferson Burrill


received 235 votes


Charles F. Hurley


184


Walter S. Hutchins


6


Blanks


39


FOR AUDITOR


received 257 votes


Alonzo B. Cook


66


5


Francis X. Hurley


66


2


Albert Oddie.


66


2


66


Fred E. Oelcher Blanks 49


66


66


Harry Fieldman


149


303


33


FOR ATTORNEY GENERAL


Morris I. Becker


received 3 votes


66


3


66


Harold W. Sullivan Joseph E. Warner 66 Blanks 27


308


FOR SENATOR IN CONGRESS


William M. Butler


received 283 votes


Marcus A. Coolidge


167


Sylvester J. McBride


66


2


66


Blanks


12


FOR CONGRESSMAN


Joseph M. Halloran


received 132 votes


Edith Nourse Rogers


317 66


Blanks


15


FOR COUNCILLOR


Esther M. Andrews


received 287 votes


126


Henry W. Brett Blanks 51


FOR SENATOR 5th MIDDLESEX DISTRICT


Paul A. Mogan


George G. Moyse


Blanks


47


received 135 votes


282


FOR REPRESENTATIVE IN GENERAL COURT


B. Farnham Smith


Raymond E. Hagerty


Blanks


131


received 331 votes 2


John Weaver Sherman


123


34


FOR DISTRICT ATTORNEY


Warren L. Bishop John F. Daly Blanks


received 305 votes 116 43


FOR REGISTER OF PROBATE AND INSOLVENCY


John J. Butler Loring P. Jordan Blanks


received 127 votes 66 275


62


FOR COUNTY COMMISSIONER


Erson B. Barlow


Robert F. Donovan


received 276 votes 66 122 66


Blanks 66


FOR ASSOCIATE COMMISSIONERS


E. Perry Johnson


received 98 votes


250


John M. Keyes John J. Noreau, Jr.


Melvin G. Rogers


66


179


FOR COUNTY TREASURER


J. Frank Facey Charles E. Hatfield


received 108 votes


278


Blanks 78


QUESTION NO. 1


Proposed Amendment to the Constitution


Yes


183


No.


62


Blanks 219


86


35


QUESTION NO. 2


Law Proposed by Initiative Petition


Yes


222


No 189


Blanks


53


QUESTION NO. 3


Law Proposed by Initiative Amendment


Yes


235


No


127


Blanks


102


The vote was declared by the Moderator, and the meeting adjourned at 8 o'clock P. M.


36


Town Clerk's Meeting held in Concord November 15, 1930


Vote of Middlesex District No. 13 for Representative in General Court as determined and declared by the Town Clerks at the above mentioned time and place.


Votes of


Concord Lincoln Sudbury Wayland Weston


Totals


B. Farnham Smith of


Concord received 1768


331


376


631


901


4007


Raymond E. Hagerty of Lincoln received


2


2


Blanks


580


131


454


300


257


1722


2348


464


830


931


1158


5731


The Certificates of the election of B. Farnham Smith of Concord were prepared and signed by the Town Clerks for transmission to the Secretary of the Commonwealth and to the Representative elect.


Signed WILLIAM D. CROSS, Town Clerk of Concord THOMAS L. GILES, Town Clerk of Lincoln FRANK F. GERRY, Town Clerk of Sudbury M. ALICE NEALE, Town Clerk of Wayland BRENTON H. DICKSON, Town Clerk of Weston


37


Proceedings at a Special Town Meeting November 29, 1930


WARRANT


COMMONWEALTH OF MASSACHUSETTS


MIDDLESEX, ss.


To either of the Constables of the Town of Lincoln, in said County : GREETING:


In the name of the Commonwealth of Massachusetts, you are hereby required to notify the legal voters of said Town of Lincoln, qualified to vote in Town Meeting for the transaction of Town affairs, to meet in the Town Hall in said Lincoln on Saturday, the twenty-ninth day of November next at eight P. M., then and there to act on all of the fol- lowing Articles, by posting a copy of this WARRANT, by you attested, in each of the Post Offices and in some other public place in said Town seven days at least before the twenty-ninth day of November next:


ARTICLE 1. To choose a Moderator.


ART. 2. To see if the Town will accept a gift from Julian de Cordova of his estate in Lincoln situated on the shore of Sandy Pond, the same to be maintained by the Town of Lincoln as a public park, and also his residence located there- on, including the gallery connected therewith, to be main- tained by the Town as a public museum for the art collec- tion now housed there and for such additional articles of artistic merit as may be added thereto, or take any other action in connection with the matter.


.


38


HEREOF FAIL NOT


And make due return of this WARRANT with your do- ings thereon to the Town Clerk on or before the time for the meeting aforesaid.


Given unto our hands this twenty-first day of November in the year of our Lord one thousand nine hundred and thirty.


C. LEE TODD, HERBERT G. FARRAR, Selectmen of Lincoln.


November 22, 1930.


I have served this Warrant by posting an attested copy in each of the Post Offices and one at the Railroad Sta- tion, seven days before date of said meeting.


JOHN J. KELLIHER, Constable.


In accordance with the provisions of the foregoing War- ยท rant the meeting was called to order at 8 o'clock P. M. on the above date.


ARTICLE 1. George G. Tarbell was elected Moderator. Voted that the meeting stand adjourned for ten minutes.


Meeting called to order at 8:15 P. M.


ART. 2. Voted that Mr. Julian De Cordova be accorded the courtesy of the floor in order to explain the matters re- ferred to in this Warrant as preliminary to a motion there- on.


39


Mr. De Cordova stated to the Town his purpose in desir- ing to make a gift of certain real estate and certain of its contents to be used, after his death, as a park and museum for the benefit of the inhabitants of the Town of Lincoln, and at the close of his remarks tendered to the Moderator for the town, a deed executed by him on November 29, 1930, and a certified copy of a contract with the Merchants Na- tional Bank, photographic copies of which are attached to the records of this meeting and which were read to the meet- ing by the Moderator.


Thereupon by motion of Mr. Todd, duly seconded, it was Voted to accept, with grateful acknowledgment of the gen- erous benefaction, the gift from Julian De Cordova of his es- tate in Lincoln, situated on the shore of Sandy Pond, and also his residence located thereon, including the gallery con- nected therewith and the contents thereof, to be maintained as a public park and public museum in accordance with and as set out in the deed of gift, dated November 29, 1930, pre- sented and read at this meeting, which deed of gift is hereby approved and accepted and the proper officers are hereby directed to cause the same to be recorded in the Registry of Deeds in the Southern District of Middlesex County.


Voted to adjourn.


(Attest) THOMAS L. GILES, Town Clerk.


40


KNOW ALL MEN BY THESE PRESENTS


THAT I, Julian de Cordova, of Lincoln, Middlesex County, Massachusetts, do hereby give, grant, assign, transfer, set over and convey unto the Inhabitants of the Town of Lin- coln, a municipal corporation organized by law and located in said Middlesex County, two certain parcels of land situ- ated in said Lincoln and bounded and described as follows, to wit:


The first parcel containing twenty (20) acres, more or less, and beginning on the northerly side of the road leading from Lincoln Centre to Concord at a stone bound at land now or formerly of D. F. Drake, and running northerly and north- westerly on said Drake's land about fifty-five (55) rods to Sandy Pond ;


Thence northeasterly by several angles on said Pond about fifty (50) rods to a stone bound at land of the heirs of Elisha Hagar ;


Thence easterly on said Hagar's land about thirty-eight (38) rods to a stone bound at land formerly of Leonard W. Weston ;


Thence southerly on said Weston land to a stone bound about forty-eight (48) rods;


Thence westerly on said Weston land as the wall stands, about seventeen (17) rods to a stone bound;


Thence southerly with one slight angle on said Weston land about thirty-two (32) rods to a stone bound at the road ;


Thence westerly on said road about eight and one-half (81/2) rods to the first named bound.


The second parcel beginning at the north side of the county road from Lincoln to Concord at the first parcel and running nearly east by said road, five (5) rods;


41


Thence running north by land formerly of Leonard W. Weston to land of the grantor ;


Thence running west by land of the grantor ;


Thence south by land of the grantor to the point of be- ginning, the east and west lines of said lot being parallel.


Being the same premises conveyed to me by Lowell A. Mayberry by deed dated March 7, 1913 and recorded with Middlesex South District Deeds, Book 3775, Page 38.


Also all my pictures, engravings, etchings, bric-a-brac, coins, curios and tapestries, and certain rugs which have been marked for identification, curtains, Japanese and Chinese crockery, and all the carved furniture contained in the build- ings on said premises.


TO HAVE AND TO HOLD the same to the said Inhabi- tants of the Town of Lincoln, its successors and assigns, sav- ing and reserving to me, the said Julian de Cordova, an es- tate in the premises and each and every part thereof for and during the term of my natural life without impeachment on my part for waste or any manner thereof whether equitable, voluntary, permissive or otherwise, and by whomsoever committed or suffered, and on the express agreement that I shall never at any time be called upon or required to furnish any security or surety that the above-mentioned personal property, or any part thereof, shall be forthcoming at the time of my death, to the use and behoof of the said Inhabi- tants of the Town of Lincoln, its successors and assigns, upon trust after my death to maintain said land as a public park for the benefit of the inhabitants of the Town of Lin- coln in perpetuity, and the residence and art gallery, and any buildings erected in substitution and addition thereto, to maintain in perpetuity as a public museum under the name of "The de Cordova and Dana Museum" in memory of myself and my wife for the benefit of the inhabitants of the Town of Lincoln, and never to be subject to sale and /or


42


conversion of any kind whatsoever except as follows: That new buildings may be added or substituted for those now on the premises and the objects of art, or any past of them, con- tained in said museum are solely to be disposed of with the approval of an expert selected by the Director of the Museum of Fine Arts of Boston, Massachusetts, or the officer or Board for the time being exercising similar authority thereto.


And I, the said Julian de Cordova, for myself, my heirs, executors and administrators, covenant with the said In- habitants of the Town of Lincoln, its successors and assigns, that I will promptly discharge all ordinary taxes levied upon the premises as and when the same become due, but this covenant shall not in any way bar me from taking any pro- ceedings to contest the validity of any tax or to secure any abatement of the same whenever I deem the same to be im- proper or excessive.


IN WITNESS WHEREOF, I, the said Julian de Cordova, being unmarried, hereunto set my hand and seal this 29 day of November, A. D., 1930.


(Signed) JULIAN DE CORDOVA [Seal]


COMMONWEALTH OF MASSACHUSETTS


Suffolk ss.


November 29, 1930.


Then personally appeared the above-named Julian de Cordova and acknowledged the foregoing instrument, by him subscribed, to be his free act and deed, before me,


(Signed) ARTHUR J. WELLINGTON, Justice of the Peace.


43


Alfred L. Ripley, Chairman


Robert D. Brewer, President


THE MERCHANTS NATIONAL BANK OF BOSTON


28 State Street, Boston, Mass.


Trust Department


Edward F. Messinger, Trust Officer


William T. Salter, Ass't Trust Officer


November 29, 1930.


Board of Selectmen Town of Lincoln Massachusetts


Dear Sirs :


We hereby certify that the document hereto attached is a true copy of the Agreement entered into by and between Julian deCordova of Lincoln, Massachusetts, and The Mer- chants National Bank of Boston, under date of November 29, 1930, and that The Merchants National Bank of Boston holds the securities described on Schedule A of said Agree- ment.


Truly yours, (Signed) E. F. MESSINGER. Trust Officer


EFM:FAN Enc.


WHEREAS Julian de Cordova, a citizen of the Town of Lincoln, is about to tender to the Town of Lincoln a deed to it of certain real estate and certain of the contents thereof, dated November 29, 1930, to be maintained after his decease as a park and museum, which deed is to be tendered to the


44


town at a special meeting of the inhabitants, to be held November 29, 1930, and


WHEREAS said de Cordova desires, as an inducement to the acceptance of said deed by the town, to make certain further financial provisions for the benefit of the town for the upkeep, maintenance and improvement of said park and museum, and


WHEREAS The Merchants National Bank of Boston (hereinafter called the "Depositary") is willing to act as custodian of this agreement and is willing to carry out the provisions hereof to be carried out by the "Depositary" as hereinafter contained, and


WHEREAS this instrument is to be null and void if the town does not accept said deed at said meeting,


NOW, THEREFORE, this indenture witnesseth the fol- lowing covenants and statements on the part of said de Cordova and the Depositary made to and with each other and to the Town of Lincoln:


FIRST-The said de Cordova and said Depositary repre- sent to and covenant with the Town of Lincoln that said de Cordova has deposited with the Depositary the securities in negotiable form described in the attached Schedule A, ag- gregating a present market value of approximately Two Hundred and Fifty Thousand Dollars ($250,000), from the proceeds of which if the said Town of Lincoln accept said deed at said meeting and (1) it shall be judicially determined that at the time of the decease of said de Cordova he has left no will, or (2) leaving a will, such will does not provide for a legacy outright or in trust of One Hundred and Fifty Thousand Dollars ($150,000) to or for the benefit of the Town of Lincoln for the upkeep, maintenance and improve- ment of the deeded premises as a park and museum and which does not contain in addition a further substantial pro- vision for the Town of Lincoln which, subject to such rea- sonable discretions as he may interpose, allows the income


45


of such further legacy or trust to be used in case of need for the upkeep, maintenance or improvement of said park or museum, or (3) leaving a will which does contain both such provisions, the estate of said de Cordova is insufficient to meet them both, then in any one of the three events, the De- positary (unless restrained by decree of a court of competent jurisdiction) will dispose of the securities deposited or any that may be substituted therefor or sufficient thereof to pay, and shall so pay, to the Town of Lincoln from the proceeds thereof the sum of Two Hundred Thousand Dollars ($200,- 000) and from the decease of the said de Cordova until such payment, shall pay the income of said deposited or substi- tuted securities to said Town of Lincoln. Any balance re- maining shall be paid to the estate of said de Cordova. The then selectmen of the Town of Lincoln shall be the sole judges as to whether the further provisions referred to in this and the next paragraph are "substantial."


SECOND-If and when the Town of Lincoln or a trustee for its benefit shall have received from the executor of the will or administrator with the will annexed of said de Cor- dova the sum of One Hundred and Fifty Thousand Dollars ($150,000) for the upkeep, maintenance and improvement of said park and museum and said will contains a provision for and the estate is sufficient to provide the further substantial provisions for the town above referred to, then the Deposi- tary is to transfer, assign and set over the deposited securi- ties or substituted securities to the estate of said de Cordova.


THIRD-The said de Cordova may at any time or from time to time substitute in whole or in part other marketable income-bearing securities for the securities then held, pro- vided the Depositary shall be of the opinion that the substi- tuted securities are of at least equal value to the then market value of the securities surrendered, provided, however, that at any time when the securities held hereunder by the Depos- itary shall in its opinion have a then market value in excess


46


of Two Hundred and Fifty Thousand Dollars ($250,000) and the said de Cordova shall request, the Depositary shall deliver to said de Cordova such securities as he may request as will not reduce the then aggregate market value of the remaining securities to an amount less than Two Hundred and Fifty Thousand Dollars ($250,000). The decision of the Depositary on market values shall be final.


FOURTH-The said de Cordova covenants that at any time when the market value of the securities held by the Depositary hereunder shall in the opinion of the Depositary fall below Two Hundred Thousand Dollars ($200,000), he will and his executors, administrators and assigns shall on the request of the Depositary, add such further marketable income-bearing securities to be held under the provisions hereof as will in the opinion of the Depositary restore the aggregate market value to an amount not less than Two Hundred and Fifty Thousand Dollars ($250,000).


FIFTH-The said de Cordova shall be entitled to receive the income, including stock dividends, rights and profits from the securities held by the Depositary hereunder during his lifetime, after deducting from said income, taxes and ex- penses, if any, and reasonable compensation to the De- positary.


SIXTH-This instrument shall bind the said de Cordova and his executors, administrators and assigns and the De- positary and its successors and assigns.


SEVENTH-This instrument shall constitute an irre- vocable offer to the Town of Lincoln which will be binding upon the said de Cordova and his executors, administrators and assigns, the Depositary and its successors and assigns, and the Town of Lincoln and its successors upon the accept- ance by the Town of Lincoln at the town meeting to be held on November 29, 1930, of the deed referred to in the preamble hereof.


47


EIGHTH-If the Town of Lincoln does not so accept, this instrument shall be null and void and the deposited se- curities shall be returned by the Depositary to the said de Cordova.


In witness whereof the said Julian de Cordova has here- unto set his hand and seal and the said The Merchants Na- tional Bank of Boston has caused these presents to be exe- cuted by its proper officer or officers and its corporate seal to be affixed this 29th day of November 1930.


Julian de Cordova [Seal]


THE MERCHANTS NATIONAL BANK OF BOSTON. By Robert D. Brewer, President By Edward F. Messinger, Trust Officer


Attest : [Seal of bank]


W. F. Burdett Assistant Cashier.


COMMONWEALTH OF MASSACHUSETTS


Suffolk, ss.


Boston, Mass., November 29, 1930.


Then personally appeared Julian de Cordova and acknowl- edged the foregoing instrument to be his free act and deed, Before me,


Alice M. Brennan, Notary Public


My commission expires Sept. 30, 1933. [Seal of Notary]


COMMONWEALTH OF MASSACHUSETTS


Suffolk, ss.


Boston, Mass., November 29, 1930.


Then personally appeared Robert D. Brewer, President, and Edward F. Messinger, Trust Officer, and acknowledged


48


the foregoing instrument to be the free act and deed of The Merchants National Bank of Boston,


Before me,


Alice M. Brennan, Notary Public My commission expires Sept. 30, 1933.


[Seal of Notary]


A True Copy. Attest :


The Merchants National Bank of Boston.


By W. F. Burdett, Asst. Cashier.


SCHEDULE A


This is attached to and forms a part of an Agreement by and between Julian de Cordova of Lincoln, Mass., and The Merchants National Bank of Boston, dated November 29, 1930,-and is the Schedule A referred to in the First Clause of said Agreement.


1,000 shares American Telephone & Telegraph Company capital stock.


$5,000. Federal Farm Loan The Federal Land Bank of St. Louis 5s, 1941.


45.000. Federal Farm Loan The Federal Land Bank of Wichita 5s, 1941.


Boston, Mass., November 29, 1930.


Received the above described securities. The Merchants National Bank of Boston. By E. F. Messinger, Trust Officer.


A True Copy. Attest :


The Merchants National Bank of Boston.


By W. F. Burdett, Asst. Cashier.


49


Vital Statistics


There have been recorded for the year ending December 31, 1930, 9 Marriages, 16 Births and 24 Deaths. 21 Marriages


Date of Marriage


Names


Residence


Feb. 22, 1930


Walter Maurice Nelson Vega Marion Friberg


Lincoln Belmont


Apr. 22, 1930


James Tulis Dorothy May Landry


Lincoln Somerville


June 1, 1930


Pasquale Bova Conti Josephine Elizabeth Mackenzie


Lincoln Wellesley


June 19, 1930


John E. Kistler Sarah L. Trip


Boston Butte, Mont.


June 23, 1930


John Edward Smith Helen Mildred Moynihan


Concord Lincoln


Aug. 21, 1930


Clifford Ayer Bernice T. Hersey


Nashua, N. H. Lincoln


Oct. 3, 1930


Edmund W. Giles Muriel Ann Hewitt


Lincoln Concord


Oct. 14, 1930


Walter L. Hoyt Myrtle Hagerty


Lincoln Machias, Me.


Nov. 6, 1930


Ellis A. Engebretson Grace B. Kalish


Concord Lincoln


50


Births


Date of Birth


Name of Child


Names of Parents


Jan. S, 1930 Ralph Naples


Jan. 13, 1930 Robert William Reiss


Jan. 29, 1930 John Fiske Loud


Ralph and Rose S. Naples John M. and Clara J. Reiss John F. and Mary L. Loud


Feb. 4, 1930 James Joseph Corrigan


Feb. 5, 1930


James Edward Sherman


James E. and Mildred G. Sherman


Mar. 12, 1930 Susan Giles Howard


John P. and Elizabeth F. Howard


Mar. 18, 1930 Donald MacFarland


Mar. 30, 1930 John Andrew Coane


April 10, 1930


Elizabeth Boyce


Ernest H. and Inger S. MacFarland John H., Jr. and Mina A. Coane Manley B. and Alice M. Boyce


April 21, 1930 John Dickerman Ballou


April 25, 1930 Florence Gladys Cole


June 12, 1930 Kenneth Ernest Mudgett


July 8, 1930


Dexter Jorgen Olsen


July 28, 1930


James Samuel McKee


Sept. 10, 1930 John Kenneth H. Hyatt


Oct. 12, 1930


Helen Frances Gradiski


Oct. 23, 1930


Alvin Bernard Strout


Alvin B., Jr., and Gertrude R. Strout


Nov. 11, 1930


Barbara Jeane Densmore


Dec. 6, 1930


Barbara Ann Wheeler


Clyde D. and Bertha S. Ballou Charles H. and Elsie M. Cole Lynn E. and Katherine Mudgett Arthur W. and Catherine L. Olsen James S. and Helen M. McKee John K. and Elizabeth D. Hyatt Adam and Mary V. Gradeski


Theodore R. and Helen W. Densmore Ralph N. and Grace H. Wheeler


EXTRACT FROM THE REVISED LAWS CHAP. 29 AS AMENDED BY CHAP. 280, ACTS OF 1912


Sect. 6. Parents, within forty days after the birth of a child, and every householder, within forty days after the birth of a child in his house, shall cause notice thereof to be given.


Sect. 8. A parent, keeper, superintendent or other person who is required by Section 6 to give or cause to be given notice of a birth or death, who neglects so to do for ten days after the time limited therefor, shall forfeit not more than five dollars for such offence.


James M. and Mae C. Corrigan


51


Deaths


Date of Death


Name


Y.


Age M.


D.


Jan. 27, 1930 Lucy A. Maguire


67


11


21


Jan. 30, 1930 Lorina M. Sturtevant


81


10


26


Feb. 15, 1930 Martin Neville


90


Mar. 10, 1930 Henry R. Page


78


Mar. 20, 1930 Sarah Tranter


57


6


25


Mar. 14, 1930


Edward Bannon


79


8


April 14, 1930


James Thomas Calkins


79


11


18


May 7, 1930




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