History of Kent County, Michigan, together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history, portraits of prominent persons, and biographies of representative citizens, Part 31

Author: Leeson, M. A. (Michael A.); Chapman, Charles C., & Co. (Chicago)
Publication date: 1881
Publisher: Chicago : C.C. Chapman & Co.
Number of Pages: 1434


USA > Michigan > Kent County > History of Kent County, Michigan, together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history, portraits of prominent persons, and biographies of representative citizens > Part 31


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Other equally important cases have marked the history of the county, but an account of them here seems inpracticable, if not even inappropriate.


FIRST LAWYERS OF THE COUNTY.


Among the representatives of the law in Kent during the fifth decade of the century, and the first of the 'settlement of the county, may be named Julius C. Abel, John Ball, Geo. Martin, Solomon L. Withey, 'John T. Holmes, A. D. Rathbun, T. B. Church, J. S. Chamberlain, C. P. Calkins, Sylvester Granger, E. E. Sargeant, S. M. Johnson, Lucius Patterson, Ralph Cole and C. Osgoode. The Judges of the Circuit Court, who visited Grand Rapids at an early day, were Epaphroditus Ransom and Charles W. Whipple. The Associate Judges included John Almy, Arnott Davis, Philander Tracey, Ezekiel W. Davis, Rix Robinson and George Coggeshall. De Witt C. Lawrence and Joshua Boyer were elected County Judges in 1846, and James A. Davis in 1850. Jefferson Morrison and James A. Davis were the first Judges of the Probate Court. Geo. Coggeshall, Jonathan Chubb, Lovell Moore and others are well remembered in connection with the old-time Justices' Court.


The first practicing lawyer in the county was Julius C. Abel, who settled at Grandville in 1835. He was one of the old-time surveyors, a self-made lawyer, having derived all his legal lore from continuous study of Cowan's treatise on legal forms and common law. Abel was a heavy mortal, and, next to Rix Robinson, was physically perhaps the most powerful man in the county; he pos- sessed a. voice singularly deep, and with his large body and deep voice he succeeded in winning from the justices points which com- mon law never could concede. His death was chronicled in 1872.


C. Osgoode, appointed Prosecuting Attorney by Judge Ransom at the opening of the first Circuit Court for Kent, and for a time owner of the Grandville city plat, died at the home of his adoption long years after he saw his hopes for its greatness scattered.


Lucius Patterson, a New York man, settled at Ionia shortly after


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HISTORY OF KENT COUNTY.


the arrival of the Dexter colony, but moved to the Rapids in 1844 or '45. He had the reputation of being a clever, whole-souled man. His death is said to have taken place in 1870. Toward the close of his life he figured as the attorney of J. W. Converse versus the Grand Rapids & Indiana R. R. and other corporations.


Simeon M. Johnson, born in Cayuga Co., N. Y., was the son of a weaver favorably known in that State. On coming here he assumed airs of importance which were not at all becoming, excited much unfavorable gossip, was the cashier of the wild-cat bank, in connection with which he merited and received a terrible kicking from Uncle Rix. He married Miss Coggeshall, a lady who obtained a divorce some years afterward. He was appointed United States Consul at the Port of Metanza, Cuba; subsequently held some minor position on the New York Herald, and again married, a Baltimore lady. His death occurred some years ago at his last wife's home.


Edward E. Sargeant, Prosecuting Attorney in the celebrated case of the People v. Mills in 1852, was a most esteemed member of the old bar of Kent county. The latter years of his professional life, he devoted to the legal affairs of Daniel Ball, a prominent citizen of early times. He died in 1858.


Ralph W. Cole, a lawyer, Mayor of Grand Rapids in 1851, mar- ried Miss Mosely, and made the city his home until his death, from small-pox, July 29, 1855.


Alfred D. Rathbun was the first regularly elected Prosecuting Attorney of Kent county, holding that office from Jan. 1, 1839, un- til the appointment of T. B. Church in 1843. In 1840 he entered into partnership with John Ball, and in 1843 with T. B. Church. Rathbun was a man fond of money and willing and able to earn it ; his court practice was limited, yet his office business was fairly good. He was one of the early Postmasters of the village. His death occurred in 1856.


John Ball graduated at Dartmouth College in 1820, and entered upon the practice of law at Troy, N. Y. He arrived at Grand Rapids in 1836, where he became a dealer in real estate. In 1840 he formed a partnership with A. D. Rathbun; in 1844 with Solo- mon L. Withey, subsequently with Geo. Martin, again with E. E. Sargeant, and lastly with James H. McKee.


Solomon L. Withey was admitted an attorney and counsellor at law of the Kent County Bar, May 17, 1843, five years after his settlement in the village of that time. In 1848 he was elected Judge of Probate; in 1860 State Senator, and in 1863 was appointed Judge of the United States District Court by Lincoln. He was tendered a U. S. Circuit Judgeship, for Michigan, Ohio, Kentucky and Tennessee, in 1869, which offer he declined.


John T. Holmes, noticed among the old settlers of the county, was admitted to practice before the Circuit Court of Kent county May 17, 1843. He was elected Judge of the Superior Court of Grand Rapids in 1875, which position he filled until his retirement from


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HISTORY OF KENT COUNTY.


the bench in 1881. The court is now presided over by Judge Parrish, while Mr. Holmes has returned to the practice of law.


Thomas B. Church, a lawyer, favorably known throughout the State as well as in the Grand River Valley, settled at Grand Rapids in 1842, and entered at once on the practice of law.


Sylvester Granger was among the old settlers as well as a pioneer lawyer. He was admitted to the bar of Kent county, May 17, 1843, by Chief Justice Ransom.


Chamberlain, Rood and Bement were among the lawyers of early times, and favorably known to the old settlers.


Geo. Martin, one of the leading members of the bar of this county, and indeed of the State, settled at Grand Rapids in 1836. In the political chapter the gradual progress of this man is noted: his advance, step by step, from the position of County Judge to Circuit Judge, and finally to the Chief Justiceship of the Supreme Court of Michigan, is shown. His death was recorded in 1868.


Epaphroditus Ransom, first Circuit Judge of Kent county, was a man of singular, yet brilliant parts. He settled at Kalamazoo at an early period in the history of that county. He was appointed Circuit Judge in 1836, and opened the first term of such court at Ionia the same year, holding the session in the house of Daniel Ball, then a resident of that burg. Subsequently he presided over the first courts of Kent and Ottawa counties, holding the session in a house next to Joel Guild and opposite Jefferson Morrison.


James Arnott Davis, Associate Judge, was a lawyer who left New York, and settled in Kent with his friends.


PRIMITIVE JUSTICE COURTS.


The following sketches give a fair idea of the manner in which some old-time justices conducted law business. It is true that a few of them observed many of the rules of court as well as a cer- tain dignity; yet it must be conceded their style was singularly primitive, and in keeping with the spirit of the time.


George Coggeshall settled at the village of Kent in 1836, where he. erected a frame house at the corner of Bridge and Kent streets. In this house he was accustomed to hear the complaints of his neighbors and give his extraordinary judgments. He was the first Justice of the Peace, known as the "old Kent Justice;" was at once original and peculiar. In a case brought before him, wherein T. B. Church was plaintiff's attorney and Julius C. Abel the defendant's, the plaintiff produced one Vanderpool as witness, who proved the case thoroughly. Abel, for the defense, produced three witnesses to impeach Vanderpool's testimony, but Coggeshall would not per- mit them to be sworn, saying, "I do not, nor does any one in this jury, believe a word that Vanderpool has stated." This wonderful ruling resulted in the dismission of the plaintiff's case.


Mrs. Van Steele stole Burnett's linen and his daughters' under- clothing. The case was proved, but to the surprise of the attorneys, the old Kent Justice said: "David Burnett, you take home your


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HISTORY OF KENT COUNTY.


clothes, and these ladies may take their underclothes." Then he turned to Mrs. Van Steele and said: "As for you, I discharge you; but now, if you are ever caught in this scrape again, I will send you straight to Jackson. You must pay $10 costs!" Three years later the Dutch woman learned that the fine could not be imposed after her discharge. She submitted the matter to Solo- mon L. Withey, who advised her to sue Geo. Coggeshall for the amount. He paid the $10, saying he did not like to have anything to do with the Monroe street "conspirators" and pirates. He hated the residents of that portion of the village called Monroe street, had no confidence whatever in them, and was even inclined to oppose his judicial opinions to any of them who might seek justice in his court.


During the trial of a case before the justice's court of Grand- ville, Lovell Moore, plaintiff's attorney, was subpoenaed, during the progress of the case, by John T. Holmes, attorney for the defendant, to prove the hand-writing of his own client. Moore took off his glasses, entered the witness-stand, and looked at the writing; but owing to bad sight could not say that it was plain- tiff's, although he knew his writing well. Holmes was surprised and asked him the reason. "Why, 'Squire Holmes," he said, "I cannot see without spectacles; and you did not subpoena the spec- tacles." There was a nonsuit.


THE BAR ASSOCIATION.


This Association was organized Feb. 7, 1878, when a constitution and by-laws were adopted, with a preamble setting forth that "the Association is established to maintain the honor and dignity of the profession of the law, to increase its usefulness in promoting the due administration of justice, to cultivate social intercourse among its members, and to establish a law library."


The officers elected were D. Darwin Hughes, President; Edward Taggart, Vice President; Laurens W. Wolcott, Secretary; Roger W. Butterfield, Treasurer; John C. Fitzgerald, Edwin F. Uhl, Ebenezer S. Eggleston, Executive Committee.


The first members of the association comprised D. Darwin Hughes, Henry Elmer Thompson, John W. Champlin, Lyman D. Norris, Lawrence P. Eddy, Laurens W. Wolcott, James Blair, Moses Taggart, Roger W. Ransom, Edward Taggart, James B. Wil- son, John C. Fitzgerald, J. Kleinhaus, Willard Kingsley, Thomas J. O'Brien, Isaac H. Parrish, C. C. Rood, Albert Jennings, C. M. McLaren, Fred. A. Maynard, Elwin C. Allen, Edwin F. Uhl, H. B. Fallass, Ed. M. Adams, Hiram A. Fletcher, W. J. Stuart, E. F. Sweet, Omar H. Simonds, Sanford C. Hinsdale, H. H. Drury, Mitchell I. Smyley.


In accordance with the article of the constitution, dealing with election of officers, the last Monday of November was set as the day


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HISTORY OF KENT COUNTY.


of annual meeting. The first meeting was called for Nov. 25, ad- journed to Dec. 2, 1878, and resulted in the choice of the following officers: John W. Champlin, President; Mitchell I. Smyley, Vice President; Edwin F. Sweet, Secretary; Moses Taggart, Treasurer; James Blair, Omar H. Simonds and Henry E. Thompson, Execu- tive Committee.


Sept. 11, 1879, the following gentlemen were admitted to mem- bership: John W. Stone, Nathaniel A. Earle, Edward W. Withey, Geo. B Wanty, James R. Wylie, Samuel A. Kennedy, John M. Harris, Geo. W. Thompson, Henry J. Felker and Wm. M. Robinson.


The third annual meeting was held Nov. 24, 1879, when D. Dar- win Hughes was elected President; John C. Fitzgerald, Vice President; James B. Willson, Secretary .; Moses Taggart, Treasurer; Nathaniel A. Earle, Laurens W. Wolcott, and John W. Champlin, Executive Committee.


Marsden C. Burch was admitted to membership March 10, 1880 Among members admitted since that period, are Wm. Wisner Taylor and G. Chase Godwin.


The officers elected in 1879 were confirmed in their positions which they hold until November, 1881.


The Association has now established a reading room in the United States building, where many of the leading law periodicals are filed. It is the purpose of the Association to establish a law library at an early date.


Messrs. Jennings and Mc Laren, formerly members of the Association, have left the city.


The honorary members, according to article VII. of the consti- tution, comprise the judges of the United States, District, Circuit, and City Courts during their term of office. The list includes the names of Solomon L. Withey, Birney Hoyt, Isaac Parrish and John T. Holmes.


The amount of good effected by this Association cannot be overestimated. Its members must follow the line of conduct laid down, and thus ensure an observance of all those principles which bring honor to the profession and justice to the litigant.


The Bar of Kent county, as reported in 1881, comprised the fol- lowing named attorneys and counsellors at law:


Adsit, A C


Church, Thomas B Chandler Charles


Ferris, Jacob


Adams, Edward M


Calkins, C P


Clark, Aaron


Fairfield, John A


Allen & Gary


Chipman, S S Dodge, A W


Fallass, Henry B Follett, Lyman D


Boardman, F D


Coit, Charles W Dodge, E W


Buck, Curtis Corbitt, DE Dapper, E A Ford, Melbourne H Blair, Kingsley & Kleinhaus Carpenter, Frank L Doran, Peter Carpenter, Eugene Foote, Thaddeus Drury, Horton H Burch & Montgo'ry Champlin, J W Eddy, L P Gleason, Clark H Grove & Harris Ball & McKee Carroll, Thomas F Barker, Thomas N Earle, J Edward Eggleston, E S Ganson, C VanC Goodwin, G Chase Girdler, Benj C


Burlingame, E A Butterfield, R W Corbin, I H


Carroll, L E Carroll, Clay, Samuel D Carr, Henry J


Edgerton, - Earle, Nathaniel L


Graham, Robert D


Fitzgerald, John C Hall, Abram S


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HISTORY OF KENT COUNTY.


Hunter, Frank W Maynard, R A


Powers, Reuben W Sweet, Edwin F


Howell, Charles C Mathewson &


Patten, John, jr Saunders, W G


Hinsdale, S C


Pettibone, Chas C Turner, Isaac M


Hale, Warren S


Wurzburg Miller, John T


Quinsey, John C Taylor, W Wisner


Holden, E G D


Moore, Malcolm M Reeves & Felker


Thompson, G W


Hyde, C G & W W Miller, ET


Rogers, Jas A


Thompson, H E


Holmes, Frank G Hopkins, M L


McReynolds, A T McLaren, -


Rood, Charles C


Tompkins, H - Taggart, Edward


Holcomb, John W McNamara, John Hughes, D Darwin Miller, E T


Harper, Joseph H


McBride, James A


Rogers, D L


Vickers, Robert H


Hobbes, Joseph F


Moffat, John O


Sliter & Rogers,


Voorheis, Peter O


Hughes, D D, jr


Maher, Edgar A


Slawson, Newell F Willson, James B


Harlan, Benj A


Maynard & Wanty


Simonds, Fir & Wolf Weinman, Ernest G


Joslin, H


Norris & Uhl


Sweet, Frank H


Westfall, W O


Kellogg, R Marion O'Brien, T J


Sinclair, R P


Walsh, Henry F


Kennedy, S A


Potter, Charles


Smiley, M I


White, Geo H


Lambert, Isaac E


Powers, Mark M


Smith, N J


Williams, W B


Lyle, D C


Parrish, Isaac H


Shinkman, E J


Wilson, Thomas B


Lockwood, B F


Perry & Alger


Stone, John W


Withey, Edward W


Lawrence, John S


Prescott, Wm H


Smith, Eben


Wright, W H


Livingston, L B


Messmore, I E


Pantlind, Geo E Partridge, F J


Standish, Albert


Wylie, James R


Stuart, Wm J


Wood, Isaac W


Jones, William K


Moore, JE


Sinclain, Thompson Ward, Leonard A


Kutts, Frank K


Putnam, Alfred


Reynolds, J M Ransom, J W& O C Taggart & Wolcott Renwick & Walker Temple, Fred C


The Circuit Court is presided over by Hon. Birney Hoyt. The officers of the court are : Fred S. Clark, Clerk; Edward B. Moore, Deputy Clerk; Charles G. Godfroy, Deputy Clerk; Lincoln Bowen, File Clerk; Fred A. Maynard, Prosecuting Attorney; George P. Wanty, Assistant Prosecuting Attorney; Henry F. Walsh, Re- porter; and James B. Willson and Lyman D. Follett, Circuit Court Commissioners.


Solomon L. Withey is Judge of the United States District Court, and Isaac H. Parrish, Judge of the Superior Court of Grand Rapids.


CHAPTER XI.


POLITICAL HISTORY.


Politics in Kent county do not convey the idea of the ignorance of party bigotry. There cannot, perhaps, be found within the county a creature of political fanaticism; although it is conceded that every freeholder is attached to one party or the other, that he never neglects to exercise his rights as a freeman, and is always faithful to principle, it cannot be said that he has indulged in any of the degraded deeds which are said to mark the fanatical, ignorant devotees of politics. The world has arrived at that stage where ignorance ceases to be bliss. Man essays to comprehend all things. So far as the Republic is concerned, he has almost formed a just conception of what it is, and the duties which it imposes on each citizen. He compares American freedom with European serfdom, and realizes the fact that here is the cradle of humanity's rights.


Liberty is worth all that a nation is worth : liberty is worth all that life is worth. Take away freedom from the nation, and you degrade it; circumscribe, fetter, enchain the intellect, the will of a man, and he is no longer the image of his Creator. Debase his sentiment of patriotism, destroy his sense of personal freedom, and he becomes a serf without the higher instincts that ennoble and dignify the virtuous citizen. It is greatness of ideas, worthiness of sentiments, nobility of character, purity of examples, fidelity to true principles, that constitute the majesty of a nation. Mere space establishes no claim upon the soul. Therefore the people in seeking the freedom of their nation are not the idle worshipers of a soil which can give them nothing save a tomb; but are the dev- otees of a sentiment before which the enlightened mind reverently bows. But in what does liberty consist? Not in mighty cities; not in vast monuments of human skill, lofty towers, lengthy rail- roads, nor in great water-courses. These show the power of human intelligence, and the force of human will; but a despotism may build them all. Liberty is in the truth. Know the truth, says the great Master, and you shall be free. In their adherence to truth the people should be pre-eminent to ensure a safe future. The portion of the family which has founded itself upon the Amer- ican continent owes much to itself and its adopted home. It owes to itself the duty of conserving the brightest traditions and virtues of the past, a full, free and hearty allegiance based upon con- science, and a sense of fealty to the protection which the rights of citizenship afford. With a more complete understanding of the economies, the laws of labor, of supply and demand, and a manly


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HISTORY OF KENT COUNTY.


discharge of their duties as freemen, they can afford to look with pity upon those who would lessen their power or obstruct their advance.


Of late years many political parties have introduced their prin- ciples, and found many followers. There is, apparently, a tendency to cast away party discipline and support the best candidate. The people are willing to acknowledge the benefits bestowed upon the country by the two great parties, or the President-makers; but they are also aware of the many abuses which have crept into the system of government, and contributed to lessen the influence of a great federation.


The followers of these political unions in Kent county liave made their voices heard in their cries for reform; they have scanned the actions of their Legislators with jealous eye, and rewarded or pun- ished where justice pointed, and thus secured, and now essay to secure, a fair representation in the Legislative halls of the State and the Republic.


CONGRESSIONAL AND STATE ELECTIONS.


Owing to the small population inhabiting the district now known as Kent county, in 1831, the Dexter-Wing contest for the honors of Congress did not create any enthusiasm here whatever. The few settlers then scattered along the Valley of the Grand River, from Jacksonburg to its mouth, were actually unconcerned regard- ing the success of the Masons or the Anti-Masons.


The contest for Congressional honors in 1833 was carried on be- tween the Whig, William Woodbridge, and the Democrats, Lucius Lyon and Austin E. Wing. This election did not excite any special interest here, so far as the exercise of the franchise was con- cerned, for the simple reason that at the time there was neither township nor county organizations and only a few American settlers here. Two years later, however, a large majority of the settlers voted for Congressman Isaac E. Crary. In 1835 the township of Kent recorded a full vote in favor of Stevens T. Mason, Democratic candidate for Governor; Edward Mundy for Lieut .- Governor; Kintz- ing L. Pritchette, Secretary of State; Henry Howard, State Treas- urer; and Daniel LeRoy, Attorney General. Roswell Britton was elected Representative in the State Legislature in 1836.


The admission of Michigan as a State was discussed in 1836, and resulted in the formation of two political parties known as the "State's Rights" and " Submissionists," the latter agreeing to the terms of admission as offered by the United States Congress. The " Riglits" party was fully and ably represented by the settlers and carried their nominces to the head of the poll in the elections of that year. A return to the old Democratic and Whig politics marked the April elections of 1837. The fall following, the Whigs partially cast away the name " Republican" and secured the election of their nominee to the United States Congress, but failed to elect their


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HISTORY OF KENT COUNTY.


candidate for Governor, Charles C. Trowbridge, against Gov. Mason.


In 1838 Isaac E. Crary, on the Democratic, and Hezekiah G. Wells, on the Whig ticket, presented themselves in the race for Congress, and, as formerly, Mr. Crary received a large majority of the votes here. Hon. John Ball was elected member of the Legis- lature in 1838, receiving a majority of 600 votes over his opponent, Capt. Stoddard.


The election of Noble H. Finney, Democrat, as Representative of this District in the Legislature marked the local page of politics in 1839. In the contest for the positions of Governor, Elon Farns- worth, Democrat, was opposed by William Woodbridge, Whig, the former obtaining a majority of the votes cast in this county.


The year 1840 was characterized by the earnest contest between the Whig candidate for the Presidency, W. H. Harrison, and the Democrat, Martin Van Buren. The Democracy carried the polls in this county. C. I. Walker was elected Representative on the Democratic ticket the same year.


The State elections of 1841 brought three candidates for Gov- ernor into the field, viz .: John S. Barry, Democrat; Philo C. Fuller, Whig, and Jabez S. Fitch on the Liberty and Temperance tickets. The former was successful. In February, this year, Gov. Woodbridge accepted a place in the United States Senate ..


Two years later Governor Barry was opposed by Zina Pitcher -


on the Whig, and James G. Birney on the Liberty, tickets. Gov- ernor Barry conquered in the political battle, and continued in office until the inauguration of Governor Felch in 1846. Lucius Lyon, Robert McClellan and James B. Hunt, a trio of Democrats, were elected Congressional Representatives in 1843. The years 1842-'3-'4 formed a period of political activity seldom surpassed in its earnestness in those early days. Gov. John S. Barry was op- posed by the Whig, Zina Pitcher, and the Free-Soiler, James G. Birney, of Lower Saginaw. In 1844 James K. Polk, Henry Clay and James G. Birney presented themselves in the race for the Pres- idency. The first-named succeeded, and in his success the records point to Kent as an important supporter. In 1851 Robert McClel- lan received 748 votes in Kent county, being 135 over the number recorded for his opponent.


The contest of 1852 resulted in the election of Franklin Pierce as President. There were 1,540 votes recorded for the Democratic ticket in Kent county that year, being a majority of 220.


The repeal of the " Missouri Compromise," Know-Nothingism, Free-Soilism, and Abolitionism, all existed in 1854. The Repub- lican party was formed that year, and their ticket, as presented at the fall elections, received a majority vote of 47. The election of 1856 showed the growing strength of the new political organiza- tion in this county, Fremont receiving a majority of 415. Two years later Moses Wisner, Republican, was elected Governor of Michigan. His majority vote was 299.


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HISTORY OF KENT COUNTY.


Two years later the nomination of Stephen A. Douglas by the Northern Democrats and of John C. Breckenridge by the Southern- ers, created such divisions in the party that the united Republicans, with Abraham Lincoln as standard-bearer, pushed forward to vic- tory, which they have since held.


In 1860 Austin Blair was elected Governor on the Republican ticket. Throughout the campaign each party acted in full con- cert with the conventions.


The Republican ticket was elected throughout the county in 1860, save in Wyoming, where the Democracy had a majority of five, and in Byron where a majority of one was given. The town- ships of Vergennes, Bowne, Solon and Caledonia recorded an equal vote. The total majority in favor of the Republican candi- dates was 1,000. The Breckenridge and Independents received merely a nominal vote. In the returns of this year just given, it will be remembered that the figures deal with the city of Grand Rapids, except in the cases of the President and Governor, where the total vote of the county is recorded.




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