USA > Massachusetts > Norfolk County > Braintree > Town annual report of Braintree, Massachusetts for the year 1938 > Part 5
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TREFTON DRIVE, from Argyle Road to Vinedale Road. WAMPATUCK ROAD, from Washington Street 800 feet west. WATSON STREET, from Marshall Street 745 feet south. WESTON AVENUE, from Washington Street to Norton Street. RUSSELL ROAD, from Washington Street to the last house.
Mr. Anderson stated that the next Annual Town Meeting will con- vene under the Representative Town Meeting System and urged all citizens to do their duty by the Representative Town Meeting form carefully and honestly.
Mr. Hubbard moved: That the Town Meeting instruct the Town Clerk to express to the Moderator, William F. Rogers, our sympathy for his enforced absence this evening. So voted.
Motion to adjourn-Not carried 9:30.
Mr. Albert E. Roberts stated his belief that the Town was losing money through not taking advantage of funds offered by the government for W.P.A. Projects.
Mr. Howard B. Blewett informed the meeting that the School Com- mittee have submitted a program to Washington on school buildings under a W.P.A. Project which is being considered at the present time.
Mr. Roger Lakin moved that the meeting adjourn. So voted 9:35.
A true copy.
Attest : ERNEST C. WOODSUM,
Town Clerk.
WARRANT FOR STATE ELECTION November 8, 1938 Commonwealth of Massachusetts
Norfolk, ss. To either of the Constables of the Town of Braintree. Greeting :
In the name of the Commonwealth, you are hereby directed to notify and warn the inhabitants of the Town of Braintree, qualified to vote in election therein, to meet at the polling places in their respective Precincts, to wit:
Polling Place in Precinct 1, Town Hall.
Polling Place in Precinct 2, Legion Building, Hollis Avenue.
Polling Place in Precinct 3, Hose House Allen Street.
On Tuesday, the eighth day of November, 1938, at five forty-five o'clock in the forenoon, then and there to bring in to the Wardens of their respective Precincts, their votes on the official ballot for Governor; Lieutenant Governor; Secretary; Treasurer; Auditor; Attorney Gen- eral; Representative in Congress; Councillor; Senator; Representative in General Court, 6th Norfolk District; District Attorney; County Commissioner; Sheriff.
Also to vote on the following questions on the same ballot.
49
Question No. 1 PROPOSED AMENDMENT TO THE CONSTITUTION
Shall an amendment to the Constitution providing for biennial sessions of the General Court and for a biennial budget which is further described as follows:
This amendment annuls all existing provisions of the Constitution and its prior amendments which require annual sessions of the General Court, commonly known as the Legislature, and provides for biennial sessions in their place. It also provides that the budget of all proposed expenditures of the Commonwealth shall be so prepared as to cover two fiscal years instead of only one as at present required,-which proposed amendment was approved by the General Court and a joint session of the two branches held May 27, 1936, received 141 votes in the affirma- tive and 117 in the negative, and in a joint session of the two branches held May 19, 1937, received 158 votes in the affirmative and 112 in the negative,-be ap- YES
NO 1 proved.
Question No. 2 LAW PROPOSED BY INITIATIVE PETITION
Shall the proposed measure which provides that in any city or town which accepts its terms, the licensing authorities shall establish free public taxicab stands for the use of all taxicabs and motor vehicles for hire whose owners are licensed within such city or town, and shall abolish all other forms of taxicab stands on any public highway within such city or town,-which was disapproved in the House of Representa- tives by a vote of 96 in the affirmative and 109 in the YES negative and in the Senate by a vote of 4 in the
affirmative and 35 in the negative,-be approved?
1
NO
1
Question No. 3
To obtain a full expression of opinion, voters should vote on all three of the following questions :-
(a) If a voter desires to permit the sale in this town of any and all alcoholic beverages to be drunk on and off the premises where sold, he will vote "Yes" on all three questions.
(b) If he desires to permit the sale herein of wines and malt beverages only to be drunk on or off the premises where sold, he will vote "No" on question one, "Yes" on question two and "No" on question three.
(c) If he desires to permit the sale herein of all alcoholic bever- ages but only in packages, so called, not to be drunk on the premises where sold, he will vote "No" on questions one and two and "Yes" on question three.
(d) If he desires to permit the sale herein of wines and malt beverages to be drunk on and off the premises where sold and in addition other alcoholic beverages but only in packages so called, not to be drunk on the premises where sold, he will vote "No" on question one and "Yes" on question two and three.
(e) If he desires to prohibit the sale herein of any and all alcoholic beverages whether to be drunk on or off the premises where sold, he will vote "No" on all three questions.
50
1. Shall licenses be granted in this town for the sale therein of all alcoholic beverages (whisky, rum, gin, malt 1 YES - beverages, wines, and all other alcoholic bever- ages) ? NO
2. Shall licenses be granted in this town for the sale therein of wines and malt beverages (wines and beer, ale and YES all other malt beverages) ?
NO
3. Shall licenses be granted in this town for the sale therein of all alcoholic beverages in packages, so called, not YES - to be drunk on the premises?
Question No. 4
1. Shall the pari-mutuel system of betting on licensed horse races be permitted in this county?
2. Shall the pari-mutual system of betting on licensed dog races be permitted in this county?
YES
NO
YES
1
NO
And the polls will be closed at eight o'clock in the evening.
You are directed to serve this warrant by posting true and attested copies thereof in three public places in each precinct in said Town of Braintree, ten days at least before said eighth day of November, 1938, and by publishing the same once each week for two successive weeks in The Braintree Observer, first publication to be at least eight days before said meeting.
Hereof fail not, and make due return of this warrant, with your doings thereon, to the Town Clerk before said meeting.
Given under our hands at Braintree this twenty-fifth day of October, in the year of our Lord one thousand nine hundred and thirty-eight.
HENRY D. HIGGINS, Chairman, ALBERT E. ROBERTS, Clerk, Selectmen of the Town of Braintree.
A True Copy. Attest:
JOHN J. HEANEY, Constable of Braintree.
Braintree, Mass., October 26th, 1938.
Pursuant to the foregoing warrant, I hereby notify and warn the inhabitants of the Town of Braintree, qualified as expressed therein, to meet at the time and place mentioned, for the purpose therein mentioned.
JOHN J. HEANEY, Constable of Braintree.
STATE ELECTION
Braintree, Mass., November 8, 1938.
In accordance with the foregoing warrant, the voters of the Town of Braintree assembled in their several Precincts to cast their ballots for Governor; Lieutenant Governor; Secretary; Treasurer; Auditor; Attorney General; Congressman; Councillor; Senator; 1 Representative
-
NO
51
in General Court; District Attorney; 1 County Commissioner; Sheriff; also to vote yes or no on each of the several questions.
The official ballots were delivered to the Wardens of the several precincts and receipted for.
The polls were opened in all Precincts at 5:45 o'clock A.M. and were closed at 8 o'clock P.M.
The following election officers served:
PRECINCT 1. J. Frank Lane, Warden; Charles H. Tobey, Clerk; John J. Doyle; Gerard A. McMorris; George H. Cain; Everett F. Russell; Charles H. Roberts; Edward J. Sullivan; Frank H. Borden; Roland H. Whitman; Michael P. Novelline; George L. Abell; Sarah I. Drummond; Inez K. Monaghan; Joseph D'Arigo; Harry W. Lindsay, Constable.
PRECINCT 2. George A. Arnold, Warden; Joseph W. Sullivan, Clerk; Olive W. Batchelder; Ethel M. Murray; Mabel L. Cox; Ruth E. Nelson; Ruth C. Tilden; Herbert L. Sears; Frank J. Mischler; Harold T. Drinkwater; Harry F. Vinton, Sr .; Mae E. Haynes; Katherine Wynot; Gustaf Arnoldson, Jr .; Albert A. Berry; George K. Moorhead, Constable.
PRECINCT 3. Thomas F. Cassidy, Warden; William J. Quinlan, Clerk; Ruth E. Chenette; Inez L. McIsaac; Elizabeth A. Silver; Ethel O. Bloom; Mary C. Johnson; Edward J. Smith; Michael Smith; Kenneth J. Kelley; Margaret A. Halloran ; Charles F. Durgin; Andrew E. Maguire; Mary E. Richards; Howard W. Kelland; Herbert K. Jeffers, Constable.
The ballots were counted, record made of the votes for each office, also the vote on each question submitted and the result declared in each precinct.
The ballots, records, check lists, etc., were sealed and labeled according to law and were then forwarded to the Town Clerk's office where the figures were tabulated and the result of the total votes announced.
The result of the vote was as follows:
Number of ballots cast in Precinct 1 2595
Number of ballots cast in Precinct 2. 3007
Number of ballots cast in Precinct 3 2611
Total number in the entire town 8213
GOVERNOR
Henning A. Blomen (SL)
11
Roland S. Bruneau (I)
4
Jeffrey W. Campbell (S)
15
James M. Curley (D) 2362
William A. Davenport (I-TR)
9
Otis Archer Hood (C)
7
Charles L. Manser (SSG)
11
William H. McMasters (TRP)
29
Leverett Saltonstall (R)
5694
George L. Thompson (P)
13
Blanks 58
Total 8213
52
LIEUTENANT GOVERNOR
Manuel Blank (C)
12
James Henry Brennan (D) 1666
Horace T. Cahill (R)
6390
Freeman W. Follett (P)
16
Joseph F. Massidda (S)
18
George L. McGlynn (SL)
11
Blanks
100
8213
SECRETARY
Frederic W. Cook (R)
5997
Hugo DeGregory (C)
92
Katherine A. Foley (D)
1809
Eileen O'Connor Lane (S)
32
Malcolm T. Rowe (SL)
29
Blanks
254
8213
TREASURER
Frank L. Asher (C)
22
Albert Sprague Coolidge (S)
56
Owen Gallagher (D)
1731
John J. Hurley (I)
130
William E. Hurley (R) 5975
24
Blanks
275
8213
AUDITOR
Thomas H. Buckley (D)
2425
Michael C. Flaherty (S)
41
Horace I. Hillis (SL)
24
Michael Tuysuzian (C)
13
Guy S. Williams (P)
43
Russell A. Wood (R)
5344
Blanks 323
8213
ATTORNEY GENERAL
Clarence A. Barnes (R)
4932
Paul A. Dever (D) 2928
Joseph C. Figueiredo (C)
15
George F. Hogan (P)
20
Alfred Baker Lewis (S)
38
Fred E. Oelcher (SL)
18
Blanks
262
8213
Ralph Pirone (SL)
53
COUNCILLOR Thirteenth District
Andrew T. Clancy (D)
1718
Richard B. Wigglesworth (R)
6223
Blanks 272
8213
COUNCILLOR Second District
Saul Friedman (S) 56
Clayton L. Havey (R)
5499
John J. Sawtelle (D)
2161
Blanks 497
8213
SENATOR Norfolk District
Arno Fabrizio (D)
1817
John D. Mackay (R)
5920
Blanks 476
8213
REPRESENTATIVE IN GENERAL COURT Sixth Norfolk District
Joseph P. Barrett (D) 2000
Henry W. Grady (ICC)
1255
Raymond P. Palmer (IR)
4699
Blanks
259
8213
DISTRICT ATTORNEY Southeastern District
Edmund R. Dewing (R)
5896
Daniel L. Kelleher, Jr. (D)
1952
Blanks 365
8213
COUNTY COMMISSIONER Norfolk County
Francis P. Kelley (D)
2342
Frederick A. Leavitt (R)
5402
Blanks 469
8213
54
SHERIFF Norfolk County
Daniel J. Flood (D)
2178
Samuel H. Wragg (R)
5625
Blanks
410
8213
QUESTION NO. 1
YES
3642
NO
2117
Blanks
2454
8213
QUESTION NO. 2
YES
3093
NO
3371
Blanks
1749
8213
QUESTION NO. 3 ITEM 1
YES
4084
NO
3213
Blanks
916
8213
ITEM 2
YES
4153
NO
2970
Blanks
1090
8213
ITEM 3
YES
4783
NO
2484
Blanks
946
8213
QUESTION NO. 4
ITEM 1
YES
3882
NO
3057
Blanks
1274
8213
ITEM 2
YES
3494
NO
3389
Blanks
1330
8213
A true copy. Attest :
ERNEST C. WOODSUM, Town Clerk.
55
No. 16732
Norfolk ss.
Superior Court
COMMONWEALTH vS. EDWARD AVERY Copy of Record
COMMONWEALTH OF MASSACHUSETTS
Norfolk, ss.
At the Superior Court for the Commonwealth of Massachusetts, holden at Dedham, within and for the County of Norfolk, on the first Monday of January in the year one thousand nine hundred and thirty- eight and on other days and times between said first Monday in Janu- ary, in said year, and the first Monday of January in the year one thousand nine hundred and thirty-nine.
THE JURORS for the Commonwealth of Massachusetts, on their oath present that EDWARD AVERY, of Braintree, in the County of Norfolk, on the thirtieth day of January in the year of our Lord one thousand nine hundred and thirty-six at Braintree, in the County of Norfolk, being a municipal officer, to wit: a member of Board of Selectmen of the town of Braintree, did corruptly request and accept from one Max Pearlstein a gift and gratuity, to wit: money of the value of two hundred dollars, under an agreement and with an under- standing that said Edward Avery should give his vote, opinion, and judgment in a particular manner and upon a particular side of a question, cause, and proceeding which was or might be by law brought before him in his official capacity and as a consideration for any speech, work, and service in connection therewith.
This indictment was returned at the April 1938 Sitting of this Court, when the defendant appears and having said indictment read to him and being asked whether he is guilty or not guilty of the offence therein charged, for plea says he is not guilty.
And on the twenty-second day of April, 1938, the defendant waives his right to a trial by jury.
And on the twenty-sixth day of April, 1938, after hearing, the Court returns a finding of guilty.
And thereupon, the District Attorney moves the Court for sentence.
And on the twenty-eighth day of April, 1938, it is considered and ordered by the Court that the said Edward Avery, convict as aforesaid, be punished by confinement at hard labor for the term of one year, and that said sentence be executed upon him in and within the precincts of the House of Correction in the town of Dedham, within and for the county of Norfolk, and that he stand committed until removed in pursuance of said sentence.
And on the twenty-eighth day of April, 1938, it is considered and ordered by the Court that the said Edward Avery be further punished by the payment of a fine of one hundred dollars, to and for the uses provided by law, and that he stand committed until the same is paid.
And on the 28th day of April 1938, the Court orders the execution «of said sentence stayed pending proceedings on exceptions or appeal.
56
And on the twenty-eighth day of April, 1938, the time for filing exceptions is extended until the ninth day of May, 1938.
And on the ninth day of May, 1938, the said defendant files a Bill of Exceptions.
And on the twenty-ninth day of December, 1938, by rescript received from the Supreme Judicial Court the clerk is ordered to make the following entry in the docket in said case: "Exceptions overruled."
And on the thirtieth day of December, 1938, the order of stay of said sentence is revoked by the Court, and the defendant is committed.
A true copy of record :-
WITNESS my hand and the seal of said Superior Court this eleventh day of January, 1938.
WILLARD E. EVERETT, Assistant Clerk.
Court Seal.
No. 16733
Norfolk ss.
Superior Court
COMMONWEALTH vS. EDWARD AVERY Copy of Record
COMMONWEALTH OF MASSACHUSETTS
Norfolk, ss.
At the Superior Court for the Commonwealth of Massachusetts, holden at Dedham, within and for the County of Norfolk, on the first Monday of January in the year one thousand nine hundred and thirty- eight and on other days and times between said first Monday of Janu- ary, in said year, and the first Monday of January in the year one thousand nine hundred and thirty-nine.
THE JURORS for the Commonwealth of Massachusetts, on their oath present that EDWARD AVERY of Braintree in the County of Norfolk, on the tenth day of November in the year of our Lord one thousand nine hundred and thirty-five at Braintree in the County of Norfolk, being a municipal officer, to wit: a member of the Board of Selectmen of the town of Braintree, did corruptly request and accept from one Wallace W. Wilson a gift and gratuity, to wit: money of the value of fifty dollars, under an agreement and with an understanding that said Edward Avery should give his vote, opinion, and judgment in a particular manner and upon a particular side of a question, cause, and proceeding, which was or might be by law brought before him in his official capacity, and as a consideration for any speech, work, and service in connection therewith.
This indictment was returned at the April 1938 Sitting of this Court, when the defendant appears and having said indictment read to him and being asked whether he is guilty or not guilty of the offence therein charged, for plea says he is not guilty.
And on the twenty-second day of April 1938, the defendant waives his right to a trial by jury.
57
.
And on the twenty-sixth day of April, 1938, after hearing, the Court returns a finding of guilty.
And thereupon, the District Attorney moves the Court for sentence.
And on the twenty-eighth day of April, 1938, it is considered and ordered by the Court that the said Edward Avery, convict as aforesaid, be punished by confinement at hard labor for the term of one year, and that said sentence be executed upon him in and within the pre- cincts of the House of Correction in the town of Dedham, within and for the county of Norfolk, and that he stand committed until removed in pursuance of said sentence. (This sentence to be served concur- rently with sentences in Nos. 16732 and 16735.)
And on the twenty-eighth day of April, 1938, it is considered and ordered by the Court that the said Edward Avery be further punished by the payment of a fine of one hundred dollars, to and for the uses provided by law, and that he stand committed until the same is paid.
And on the twenty-eighth day of April, 1938, the Court orders the execution of said sentences stayed pending proceeding on exceptions or appeal.
And on the twenty-eighth day of April, 1938, the time for filing exceptions is extended until the ninth day of May, 1938.
And on the ninth day of May, 1938, the said defendant files a Bill of Exceptions.
And on the twenty-ninth day of December, 1938, by rescript re- ceived from the Supreme Judicial Court, the clerk is ordered to make the following entry on the docket in said case: "Exceptions overruled."
And on the thirtieth day of December, 1938, the order of stay of said sentence is revoked by the Court, and the defendant is committed.
A true copy of record :-
WITNESS my hand and the seal of said Superior Court this eleventh day of January, 1939.
WILLARD E. EVERETT,
Court Seal.
Assistant Clerk.
No. 16735
Superior Court
Norfolk, ss.
COMMONWEALTH VS. EDWARD AVERY Copy of Record
COMMONWEALTH OF MASSACHUSETTS
Norfolk, ss.
At the Superior Court for the Commonwealth of Massachusetts, holden at Dedham, within and for the County of Norfolk, for the transaction of criminal business, on the first Monday of January, in the year one thousand nine hundred and thirty-eight and on other days and times between said first Monday of January, in said year,
58
and the first Monday of January in the year one thousand nine hundred and thirty-nine.
THE JURORS for the Commonwealth of Massachusetts, on their oath present that EDWARD AVERY, of Braintree, in the County of Norfolk, on the thirty-first day of December in the year of our Lord one thousand nine hundred and thirty-four at Braintree in the County of Norfolk, being a municipal officer, to wit: a member of the Board of Selectmen of the town of Braintree, did corruptly request and accept from one Thomas Tyson, the Junior of said name, a gift and gratuity, to wit: money, of the value of one hundred dollars, under an agreement and with an understanding that said Edward Avery should give his vote, opinion, and judgment in a particular manner and upon- a particular side of a question, cause and proceeding which was or might be by law brought before him in his official capacity, and as a. consideration for any speech, work, and service in connection therewith ..
SECOND COUNT:
And the JURORS, aforesaid, for the Commonwealth of Massa- chusetts, on their Oath, aforesaid, do further present, That EDWARD AVERY, of Braintree aforesaid, on the thirty-first day of December in the year of our Lord one thousand nine hundred and thirty-seven at Braintree aforesaid, being a municipal officer, to wit: a member of the Board of Selectmen of the town of Braintree, did corruptly request. and accept from one Thomas Tyson, the Junior of said name, a gift and gratuity, to wit: money, of the value of twenty-five dollars, under an agreement and with an understanding that said Edward Avery should give his vote, opinion, and judgment in a particular manner and: upon a particular side of a question, cause, and proceeding, which. was or might be by law brought before him in his official capacity, and as a consideration for any speech, work, and service in connection. therewith.
This indictment was returned at the April 1938 Sitting of this. Court, when the defendant appeared and having said indictment read to him and being asked whether he is guilty or not guilty of the. offense therein charged, for plea says he is not guilty.
And on the twenty-second day of April, 1938, the defendant waives his right to a trial by jury.
And on the twenty-sixth day of April, 1938, after hearing, the Court returns a finding of guilty.
And thereupon, the District Attorney moves the Court for sentence.
And on the twenty-eighth day of April, 1938, it is considered and ordered by the Court that the said Edward Avery, convict as aforesaid, be punished by confinement at hard labor for the term of one year, and that said sentence be executed upon him in and within the precincts of the House of Correction in the town of Dedham, within and for the county of Norfolk, and that he stand committed until removed in pursuance of said sentence. (This sentence to be served concurrently with sentence in Nos. 16732 and 16733.)
And on the twenty-eighth day of April, 1938, it is considered and ordered by the Court that the said Edward Avery be further punished by the payment of a fine of one hundred dollars, to and for the uses provided by law, and that he stand committed until the same is paid.
And on the twenty-eighth day of April, 1938, the Court orders the execution of said sentences stayed pending proceedings on excep- tions or appeal.
59
And on the twenty-eighth day of April, 1938, the time for filing exceptions is extended until the ninth day of May, 1938.
And on the ninth day of May, 1938, the said defendant files a Bill of Exceptions.
And on the twenty-ninth day of December, 1938, by rescript received from the Supreme Judicial Court, the clerk is ordered to make the following entry on the docket in said case: "Exceptions overruled."
And on the thirtieth day of December, 1938, the order of stay of sentence is revoked by the Court and the defendant is committed.
A true copy of record :-
WITNESS my hand and the seal of said Superior Court this eleventh day of January, 1939.
Court Seal.
WILLARD E. EVERETT, Assistant Clerk.
60
Births in 1938
JANUARY
Date Name
1 Carmen Joseph Zanghi
2 Patricia Alice Lundy
3 Evelyn Marlene Wacks
4 David Bruce Copp
9 Cynthia May Cameron
9 Mary Ann Benotti
12 William Edwin Skinner
13 Margaret Giannini
14 Joan Ethel Mackenzie
14 Frank Sydney Killam
17 Sally Ann Smith
19 William Henry Robinson King
23 Margaret Eleanor Medico
23 Glenn Boyd Saunders
24 Paul Moore Knight
25 Antonette Etta DeFrancesco
28 Robert Allen Fosdick
29 Sandra Jean Robinson
31 Patricia Ann Fletcher
Parents' Names
Joseph A. and Evelyn M. Robert H. and Josephine F.
Joseph S. and Minna Edgar L. and Isabelle James W. G. and Ruth M. Amelado P. and Nancy Henry B. and Mary C. Alfred and Norma George A. and Marion K. George S. and Lillian William H. and Margaret Lloyd C. and Phyllis A. Lorenzo A. and Margaret H.
John B. and Inez L. William J. and Barbara V. Michael and Rose Charles W. and Ella E. Robert and Helen Francis E. and Dorothy E.
FEBRUARY
2 James Philip Murphy
3 Erwin
7 Settles
8 Beverly Elizabeth Armstrong
8 Joanna Catherine Hill
10 Amy Louise Brown
13 Joyce Evelyn Brooks
16 Judith Benson
20 Arthur Louis Dalton 2nd
23 Anne Marie Vail
24 Harrison Chandler Macomber
24 Ruth Downing
25 Roberta Ann D'Arigo
26 Gilbert Wilson .
28 Carol Ann Collins
Daniel E. and Helen A.
Walter E. and Kathleen
John C. and Doris B.
Ralph and Dorothy E.
Frank M. and Ruth E. Richard and Harriette. James E. and Alice E. Joseph P. and Barbara Arthur L. and Anna M. Harry C. and Hazel F. Harrison C. and Katherine L. Walter E. and Mary M. Joseph and Lillian
James and Ina William H. and Mary
MARCH
1 Paul Wayne Hastings
2 John David Hammond
2 Linda Marion Frazier
2 Dorean Cushing
5 Mary Mabel Commesso
10 Leo Francis Reardon
11 Amy Elvira Knowles
11 Anna Louise Cheverie
12 Alice Anita Nickerson
15 Anne Louise Mulvey
Maynard and Hazel C. John W. and Mae
George L. and Linda J. Dean S. and Dorothy L. Dominic and Mabel L. Timothy and Mildred E.
Howard and Amy
James G. and Annie E. Frank L. and Emily G. Gerald L. and Agnes E.
61
Date
Name
15 Maria Domenica Colantonio
16 Patricia Ann Hardy
17 Marjorie Jane Pearlstein
17 Byron Cosman Swift, Jr.
18 Patricia Katherine Johnson 18 Fuller
19 Grace Josephine Triconi
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