USA > Michigan > Michigan official directory and legislative manual for the years 1901-1902 > Part 4
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ARTICLE III.
DIVISION OF THE POWERS OF GOVERNMENT.
Departments of govern- ment.
SECTION 1. The powers of government are divided into three departments: The legislative, executive and judicial.
Williams v. The Mayor, 2 Mich. 560; People v. Collins, 3 Mich. 343; Sutherland v. The Governor. 29 Mich. 320; Shumway v. Ben- nett, 29 Mich. 451; State Tax Cases, 54 Mich. 388; Houseman v. Kent Circuit Judge. 58 Mich. 366; Locke v. Speed, 62 Mich. 408; Clay v. Stewart, 74 Mich. 411.
Limitation of powers of officers.
SEC. 2. No person belonging to one department shall exercise the powers properly belonging to another, except in the cases expressly provided in this constitution.
People v. Collins, 3 Mich. 343; Flint & F. P. R. Co. v. Wood- hull, 25 Mich. 99; Butler v. Supervisors of Saginaw, 26 Mich. 22; Shumway v. Bennett, 29 Mich. 451; Clay v. Stewart, 74 Mich. 411.
23
CONSTITUTION OF MICHIGAN.
ART. IV.
ARTICLE IV.
LEGISLATIVE DEPARTMENT.
SECTION 1. The legislative power is vested in a senate and liouse of The legisla- representatives. ture.
Williams v. The Mayor, 2 Mich. 560; People v. Collins, 3 Mich. 343; People v. Gallagher, 4 Mich. 244; Sears v. Cottrell, 5 Mich. 255; Shumway v. Bennett, 29 Mich. 460; State Tax Cases, 54 Mich. 396; Robinson v. Haug and Miner, 68 Mich. 549; Bolt v. Riordan, 73 Mich. 518; Giddings v. Secretary of State, 93 Mich. 1; Senate of Happy Home Club v. Board of Supervisors, 99 Mich. 117; Hurst v. Warner, 102 Mich. 238.
SEC. 2. The senate shall consist of thirty-two members. Senators Senate. shall be elected for two years and by single districts. Such districts shall be numbered from one to thirty-two inclusive, each of which shall choose one senator. No county shall be divided in the forma- tion of senate districts, except such county shall be equitably entitled to two or more senators.
Giddings v. Blacker, 93 Mich. 1.
(a) SEC. 3. The house of representatives shall consist of not less House of than sixty-four nor more than one hundred inembers. Representa- representa- tives shall be chosen for two years and by single districts. Each tives. representative district shall contain, as nearly as may he, an equal Representative number of inhabitants, exclusive of persons of Indian descent who districts. are not civilized or are members of any tribe, and shall consist of con- venient and contiguous territory. But no township or city shall be divided in the formation of a representative district. When any . township or city shall contain a population which entitles it to more than one representative, then such township or city shall elect by general ticket the number of representatives to which it is entitled. Each county hereafter organized, with such territory as may be attached thereto, shall be entitled to a separate representative when it has attained a population equal to a mòiety of the ratio of represen- tation. In every county entitled to more than one representative the board of supervisors shall assemble at such time and place as the leg- islature shall prescribe and divide the same into representative dis- tricts, equal to the number of representatives to which such county is entitled by law, and shall cause to be filed in the offices of the secre- tary of state and clerk of such county a description of such represen- tative districts, specifying the number of each district and population thereof, according to the last preceding enumeration.
Smith v. Saginaw, 81 Mich. 123; Supervisors v. Secretary of State, 92 Mich. 638; Giddings v. Secretary of State, 93 Mich. 1.
(b) SEC. 4. The legislature shall provide by law for an enumeration Enumeration of the inhabitants in the year eighteen hundred and fifty-four and of inhabitants. every ten years thereafter; and at the first session after each enumer- ation so made, and also at the first session after each enumeration by the authority of the United States, the legislature shall rearrange the senate districts and apportion anew the representatives among the counties and districts, according to the number of inhabitants, exclusive of persons of Indian descent who are not civilized or are
(a) As amended by joint resolution No. 42, laws of 1869, vol. 1, p. 425; ratified election of 1870.
(b) As amended by joint resolution No. 42, laws of 1869, vol. 1, p. 425; ratified election of 1870.
24
CONSTITUTION OF MICHIGAN.
ART. IV.
Apportion- inent of sena- tors and repre- sentatives.
members of any tribe. Each apportionment and the division into representative districts by any board of supervisors shall remain unaltered until the return of another enumeration.
Attorney General v. Holilian, 29 Mich. 116; People v. Bradley, 36 Mich. 447; Bay County v. Bullock, 51 Mich. 546; Smith v. Sag- inaw, 81 Mich. 123; Giddings v. Secretary of State, 93 Mich. 1.
Members must SEC. 5. Senators and representatives shall be citizens of the United
be citizens. States and qualified electors in the respective counties and districts
Removal va- which they represent. A removal from their respective counties or cates office. districts shall be deemed a vacation of their office.
Royce v. Goodwin, 22 Mich. 496; Auditor General v. Super- visors, 89 Mich. 552.
Certain officers ineligible.
SEC. 6. No person holding any office under the United States or any county office, except notaries public, officers of the militia and officers elected by townships, shall be eligible to or have a seat in either house of the legislature, and all votes given for any such per- son shall be void.
Attorney General v. Detroit Common Council, 112 Mich. 149, 151.
Privileges of members.
SEC. 7. Senators and representatives shall in all cases, except trea- son, felony, or breach of the peace, be privileged from arrest. They shall not be subject to any civil process during the session of the leg- islature, or for fifteen days next before the commencement and after the termination of each session. They shall not be questioned in any other place for any speech in either house.
Majority to constitute quorum.
SEC. 8. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as each house may prescribe.
Southworth v. P. & J. R. Co., 2 Mich. 287; Attorney General v. Detroit Common Council, 112 Mich. 149, 150.
Powers of each house.
Expulsion of members.
SEC. 9. Each house shall choose its own officers, determine the rules of its proceedings, and judge of the qualifications, elections and returns of its members, and may, with the concurrence of two-thirds of all the members elected, expel a member. No member shall be expelled a second time for the same cause, nor for any cause known to his constituents antecedent to his election; the reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question.
People v. Mahaney, 13 Mich. 481; Flint & F. P. R. Co. v. Wood- hull, 25 Mich. 99; Auditor General v. Supervisors, 89 Mich. 552.
Each house to keep journal.
SEC. 10. Each house shall keep a journal of its proceedings and pub- lish the same, except such parts as may require secrecy. The yeas and nays of the members of either house, on any question, shall be entered on the journal at the request of one-fifth of the members elected. Any member of either house may dissent from and protest against any act, proceeding or resolution which he may deem injurious to any person or the public, and have the reason of his dissent entered on the journal.
Right of protest.
Attorney General v. Burch, 84 Mich. 408; Attorney General v. Supervisors, 89 Mich. 552; Common Council v. Assessors, 91 Mich. 78; McPherson v. Secretary of State, 92 Mich. 377; Barkworth v. Tateum, 95 Mich. 314.
Elections viva voce. Vote on nominations.
SEC. 11. In all elections by either house or in joint convention the votes shall be given viva voce. All votes on nominations to the sen- ate shall be taken by yeas and nays, and published with the journal of its proceedings.
25
CONSTITUTION OF MICHIGAN.
ART. IV.
SEC. 12. The doors of each house shall be open, unless the public Doors to be welfare requires secrecy. Neither house shall, without the consent of open-ad- the other, adjourn for more than three days, nor to any other place journments. than where the legislature may then be in session.
SEC. 13. Bills may originate in either house of the legislature. Bills.
Coffin v. Election Commissioners, 97 Mich. 188.
SEC. 14. Every bill and concurrent resolution, except of adjourn- Bills and ment, passed by the legislature, shall be presented to the governor resolutions to before it becomes a law. If he approve, he shall sign it; but if not, to governor. be presented he shall return it, with his objections, to the house in which it origin- ated, which shall enter the objections at large upon their journal, and reconsider it. On such reconsideration if two-thirds of the members Proceedings elected agree to pass the bill, it shall be sent, with the objections, to when governor the other house, by which it shall be reconsidered. If approved by bill. disapproves two-thirds of the members elected to that house, it shall become a law. In such case, the vote of both houses shall be determined by yeas and How vote nays, and the names of the members voting for and against the bill determined. shall be entered on the journals of each house respectively. If any Bill to become law if not bill be not returned by the governor within ten days, Sundays except- returned in ed, after it has been presented to him, the same shall become a law, in ten days. like manner as if he had signed it, unless the legislature, by their ad· journment, prevent its return, in which case it shall not become a law. The governor may approve, sign and file in the office of the secretary May be signed of state, within five days after the adjournment of the legislature, any after adjourn- act passed during the last five days of the session, and the same shall in five days ment.
become a law.
Rhode v. Phelps, 80 Mich. 598; Attorney General v. Burch, 84 Mich. 408; City of Detroit v. Chapin, 108 Mich. 136.
1
(d) SEC. 15. The compensation of the members of the legislature Compensation shall be three dollars per day for actual attendance and when absent of members. on account of sickness, but the legislature may allow extra compensa- Of members tion to the members from the territory of the upper peninsula, not from upper exceeding two dollars per day during a session. When convened in peninsula. extra session their compensation shall be three dollars a day for the first twenty days and nothing thereafter; and they shall legislate on no other subjects than those expressly stated in the governor's pro- clamation, or submitted to them by special message. They shall be Mileage. entitled to ten cents and no more for every mile actually traveled, in going to and returning from the place of meeting, on the usually traveled route, and for stationery and newspapers not exceeding five Stationery. dollars for each member during any session. Each member shall be Laws, jour- entitled to one copy of the laws, journals and documents of the legis- uals, docu- lature of which he was a member, but shall not receive, at the ex- ments. pense of the state, books, newspapers or other perquisites of office not expressly authorized by this constitution.
When in extra session.
People v. Whittemore, State Treasurer, 2 Mich. 306.
SEC. 16. The legislature may provide by law for the payment of Postage. postage on all mailable matter received by its members and officers during the sessions of the legislature, but not on any sent or mailed by them.
SEC. 17. The president of the senate and the speaker of the house Compensation of representatives shall be entitled to the same per diem compensa- of president and speaker tion and mileage as members of the legislature, and no more.
l'eople v. Whittemore, State Treasurer, 2 Mich, 306.
(d) As amended by joint resolution No. 18, laws of 1859, p. 1105; rati- fied election of 1860. 4
26
CONSTITUTION OF MICHIGAN.
ART. IV.
No member
to receive civil appoint-' ment, or be interested in contract with the state.
SEC. 18. No person elected a member of the legislature shall re- ceive any civil appointment within this state, or to the senate of the United States, from the governor, the governor and senate, from the legislature, or any other state authority, during the term for which he is elected. All such appointments and all votes given for any person so elected for any such office or appointment shall be void. No member of the legislature shall be interested, directly or indi- rectly, in any contract with the state or any county thereof, author- ized by any law passed during the time for which he is elected, nor for one year thereafter.
People v. Hurlbut, 24 Mich. 44; Attorney General v. Lennon, 86.Mich. 468.
Bills and joint resolutions to be read three times.
SEC. 19. Every bill and joint resolution shall be read three times in each house before the final passage thereof. No bill or joint resolu- tion shall become a law without the concurrence of a majority of all Ayes and nays the members elected to each house. On the final passage of all bills on final pas- sage.
the vote shall be by ayes and nays and entered on the journal.
Hart v. McElroy, 72 Mich. 453; Toll v. Jerome, 101 Mich. 468; City of Lansing v. Board of State Auditors, 111 Mich. 328.
Law to em- brace but one object. When to take effect.
SEC. 20. No law shall embrace more than one object, which shall be expressed in its title. No public act shall take effect or be in force until the expiration of ninety days from the end of the session at which the same is passed, unless the legislature shall otherwise direct, by a two-thirds vote of the members elected to each house.
People v. Collins, 3 Mich. 343; Rice v. Ruddiman, 10 Mich. 125; Carlton v. People, 10 Mich. 250; People v. Mahaney, 13 Mich. 481; Price v. Hopkins, 13 Mich. 318; Inkster v. Carver, 16 Mich. 488; Ryerson v. Utley, 16 Mich. 269; People v. Onondaga, 16 Mich. 254; People v. State Insurance Co., 19 Mich. 398; East Saginaw Mfg. Co. v. East Saginaw, 19 Mich. 295; People v. Den- ahy, 20 Mich. 349; Harrington v. Wands, 23 Mich. 388; Swartout v. Michigan Air Line R. R. Co., 24 Mich. 398; People v. Hurl- but, 24 Mich. 44; Insurance Co. v. Treasurer, 31 Mich. 6; Kurtz v. People, 33 Mich. 282; Auditor General v. Monroe, 36 Mich. 70; People v. Bradley, 36 Mich. 447; Stewart v. Father Matthew Soci- ety, 41 Mich. 67; Stewart y. Riopelle, 48 Mich. 177; Rogers v. Windoes, 48 Mich. 628; Anderson v. Hill, 54 Mich. 485; Attorney General v. Joy, 55 Mich. 94; McKellar v. Detroit, 57 Mich. 159; Thomas v. Collins, 58 Mich. 64; Bissell v. Wayne Probate Judge, 58 Mich. 237; N. W. Mfg. Co. v. Circuit Judge, 58 Mich. 381; Attorney General v. Weimer, 59 Mich. 580; Callaghan v. Chip- man, 59 Mich. 610; People v. Beadle, 60 Mich. 22; Attorney General v. Amos, 60 Mich, 372; People v. Gadway, 61 Mich. 285; Skinner v. Wilhelm, 63 Mich. 568; Detroit v. Wabash, St. L. & Pacific Ry. Co., 63 Mich. 712; Church v. Detroit, 64 Mich. 571; Nester v. Busch, 64 Mich. 657; Wilcox v. Paddock, 65 Mich. 23; Hargrave v. Weber, 66 Mich. 59; Boyce v. Sebring, 66 Mich. 210; Tolford v. Church, 66 Mich. 431; People v. Pond, 67 Mich. 98; People v. Gobles, 67 Mich. 475; People v. Kirsch, 67 Mich. 539; Supervisors of Sanilac County v. Auditor General, 68 Mich. 659; Robinson v. Haug and Miner, 68 Mich. 549; Hall v. Slaybaugh, 69 Mich. 484; Gillett v. Mclaughlin, 69 Mich. 547; Flower v. Whit- kovsky, 69 Mich. 371; People v. Phippin, 70 Mich. 6; Ellis v. 'Hutchinson, 70 Mich. 154; Hartford Insurance Co. v. Commis- sioner of Insurance, 70 Mich. 485; in re Hauck (local option law), 70 Mich. 396; Attorney General v. Supervisors of Sanilac County (taxation of mortgages), 71 Mich. 16; Plummer v. Kennedy, 72 Mich. 301; Hart v. McElroy, 72 Mich. 446; People v. Howard, 73 Mich. 13; Clinton v. Lansing, 73 Mich. 287; Isle Royal, etc., cor. v. Osmun, 76 Mich. 162; Brooks v. Hydorn, 76 Mich. 273; Eaton v. Walker, 76 Mich. 579; People v. Congdon, 77 Mich. 351: Tice v.
27
CONSTITUTION OF MICHIGAN.
ART. IV.
Bay City, 78 Mich. 209; Jenkins v. Osmun, 79 Mich. 305; Stow v. Grand Rapids, 79 Mich. 595; Auditor General v. Lake George & M. R. R. Co., 82 Mich. 426; Fort St. Union Depot Co. v. Morton, 83 Mich. 265; Auditor General v. Stiles, 83 Mich. 460; Ripley v. Evans (corporation), 87 Mich. 218; People v. Miller, 88 Mich. 385; Hall v. Burlingame, 88 Mich. 438; Davis v. Supervisors, 89 Mich. 295; People v: Slack, 90 Mich. 448; Frary v. Township, 91 Mich. 666; McPherson v. Secretary of State, 92 Mich. 377; Grand Rap- · ids v. Judge, 93 Mich. 469; Van Husan v. Heames, 96 Mich. 504; Bissell v. Heath, 98 Mich. 472; People v. Brooks, 101 Mich. 98; Toll v. Jerome, 101 Mich. 468; Rice v. Hoskins, 105 Mich. 303; Messinger v. Teagan, 106 Mich. 657; Burrows v. Delta Transp. Co., 106 Mich. 600; Auditor General v. Bay Co. Supervisors, 106 Mich. 675; People v. Gay, 107 Mich. 422; People v. McGlaughlin, 108 Mich. 516; Soukup v. Van Dyke, 109 Mich. 680; City of Lan- sing v. State Auditors, 111 Mich. 47, 328: Graham v. Fleming, 116 Mich. 571; McMorran v. Great Hive of the Ladies of the Macca- bees, 117 Mich. 398; People v. Worden Grocery Co., 118 Mich. 604; Blades v. Board of Water Comr's of City of Detroit, 81 N. W. R. 272; Boyer v. Grand Rapids Fire Ins. Co., 83 N. W. R. 124.
SEC. 21. The legislature shall not grant nor authorize extra com- Extra com- pensation to any public officer, agent or contractor, after the service pensation has been rendered or the contract entered into. forbidden.
SEC. 22. The legislature shall provide by law that the furnishing of Fuel, station- fuel and stationery for the use of the state, the printing and binding ery, printing, the laws and journals, all blanks, paper and printing for the execu- by contract. etc., to be let tive departments and all other printing ordered by the legislature, shall be let by contract to the lowest bidder or bidders, who shall give adequate and satisfactory security for the performance thereof. The legislature shall prescribe by law the manner in which the state print- ing shall be executed, and the accounts rendered therefor; and shall prohibit all charges for constructive labor. They shall not rescind Of contracts. nor alter such contract, nor release the person or persons taking the same, or his or their sureties, from the performance of any of the con- ditions of the contract. No member of the legislature nor officer of the state shall be interested directly or indirectly in any such contract.
Ayers v. State Auditors, 42 Mich. 422.
'SEC. 23. The legislature shall not authorize, by private or special Sale of real law, the sale or conveyance of any real estate belonging to any per- estate, vacat- son; nor vacate nor alter any road laid out by commissioners of high- ways or any street in any city or village, or in any recorded town plat.
Joy v. J. & M. P. R. Co., 11 Mich. 155; People v. Supervisors of Ingham, 20 Mich. 95; Davies v. Supervisors, 89 Mich. 295; Street Railway Co. v. City of Detroit, 110 Mich. 389.
SEC. 24. The legislature may authorize the employment of a Chaplain for chaplain for the state prison; but no money shall be appropriated for state prison. the payment of any religious services in either house of the legisla- Religious ture. services in either house.
SEC. 25. No law shall be revised, altered or amended by reference Altering or to its title only ; but the act revised and the section or sections of the amending act altered or amended shall be re-enacted and published at length. laws.
People v. Mahaney, 13 Mich. 497; Underwood v. MeDuffee, 15 Mich. 361; Jones v. Commissioners, 21 Mich. 236; Harrington v. Wands, 23 Mich. 385; Swartout v. Michigan Air Line R. R. Co., 24 Mich. 399; Mok v. Detroit B. & S. Association, 30 Mich. 511; Com- stock v. Judge, 39 Mich. 195; Gordon v. People, 44 Mich. 485; Ripley v. Evans (corporation), 87 Mich. 218; Attorney General v. Parsell, 99 Mich. 381; Rice v. Hoskins, 105 Mich. 303.
ing roads, etc.
28
CONSTITUTION OF MICHIGAN.
ART. IV.
Divorces.
SEC. 26. Divorces shall not be granted by the legislature. Teft v. Teft, 3 Mich, 67.
Lotteries. SEC. 27. The legislature shall not authorize any lottery nor permit the sale of lottery tickets.
People v. Reilly, 50 Mich. 384.
Introduction of bills.
(e) SEC. 28. No new bill shall be introduced into either house of the leg islature after the first fifty days of a session shall have expired.
Pack v. Barton, 47 Mich. 520; Callaghan v. Chipman, 59 Mich. 613; Attorney General v. Amos, 60 Mich. 373; Hart v. McElroy, 72 Mich. 453; Sackrider v. Supervisors, 79 Mich. 59; Attorney Gen- eral v. Plank Road Co., 97 Mich. 589; Toll v. Jerome, 101 Mich. 468; Davock et al. v. Moore, 105 Mich. 120; Renackowsky v. Board of Water Com'rs of City of Detroit, 80 N. W. R. 581.
Contested elections.
SEC. 29. In case of a contested election, the person only shall receive from the state per diem compensation and mileage who is declared to be entitled to a seat by the house in which the contest takes place.
People v. Ochotski, 115 Mich. 601.
Ineligibility of SEC. 30. No collector, holder nor disburser of public moneys shall certain per- have a seat in the legislature, or be eligible to any office of trust or sons. profit under this state, until he shall have accounted for and paid over, as provided by law, all sums for which he may be liable.
Private claims. SEC. 31. The legislature shall not audit nor allow any private claim or account.
People v. Onondaga, 16 Mich. 254; Bristol v. Johnson, 34 Mich. 123.
Hour of adjournment.
SEC. 32. The legislature, on the day of final adjournment, shall adjourn at twelve o'clock at noon.
Meeting of
legislature.
(f) SEC. 33. The legislature shall meet at the seat of government on the first Wednesday in January, in the year one thousand eight hundred and sixty-one, and on the first Wednesday of January in every second year thereafter, and at no other place or time unless as provided in the constitution of the state, and shall adjourn without day at such time as the legislature shall fix by concurrent resolution.
Election of senators and representa- tives.
SEC. 34. The election of senators and representatives, pursuant to the provisions of this constitution, shall be held on the Tuesday suc- ceeding the first Monday of November, in the year one thousand eight hundred and fifty-two, and on the Tuesday succeeding the first Monday of November of every second year thereafter.
State paper. SEC. 35. The legislature shall not establish a state paper. Every Compensation newspaper in the state which shall publish all the general laws of any for publishing session within forty days of their passage shall be entitled to receive laws.
a sum not exceeding fifteen dollars therefor.
Publication of statutes and decisions.
SEC. 36. The legislature shall provide for the speedy publication of all statute laws of a public nature, and of such judicial decisions as it may deem expedient. All laws and judicial decisions shall be free for publication by any person.
Ayers v. State Auditors, 42 Mich. 422; Matter of Head Notes, 43 Mich. 643.
Vacancies.
SEC. 37. The legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy, where no provision is made for that purpose in this constitution.
(e) As amended by joint resolution No. 18, laws of 1859, p. 1105; ratified election of 1860.
(f) As amended by joint resolution No. 18, laws of 1859, p. 1105; ratified election of 1860.
29
CONSTITUTION OF MICHIGAN.
ART. IV.
Keeler v. Robertson, 27 Mich. 116; Attorney General v. Burch, 84 Mich. 408; Attorney General v. Trombley, 89 Mich. 50.
SEC. 38. The legislature may confer upon organized townships, in- Local corporated cities and villages, and upon the board of supervisors of legislation. the several counties, such powers of a local, legislative and adminis- trative character as they may deem proper.
People v. Collins, 3 Mich. 343; People v. Mahaney, 13 Mich. 481 ; Detroit v. Blackeby, 21 Mich. 84; People v. Hurlbut, 24 Mich. 84; Attorney General v. Lothrop, 24 Mich. 235; Park Commissioners v. Detroit, 28 Mich. 228; Attorney General v. Detroit, 29 Mich. 108; Shumway v. Bennett, 29 Mich. 451; Torrent v. Common Council Muskegon, 47 Mich. 115; Attorney General v. Marr, 55 Mich. 450; Met. Police Board v. Wayne County, 68 Mich. 576; Bolt v. Riordan, 73 Mich. 508; People v. Hanrahan, 75 Mich. 616; Port Huron v. Jenkinson, 77 Mich. 414; Holden v. Board of Su- pervisors, 77 Mich. 202; Commissioners v. Common Council of Detroit, 80 Mich. 663; Smith v. Saginaw, 81 Mich. 123; Alder- ton v. Binder, Pistorius v. Stempel, 81 Mich. 133; Feek v. Bloom- ingdale, 82 Mich. 393; Friesner v. Common Council, 91 Mich. 504; Speed v. Common Council, 97 Mich. 197, 98 Mich. 360; Robinson v. City of Detroit, 107 Mich. 168; Street Railway Co. v. City of Detroit, 110 Mich. 391; Att'y Gen'l v. Detroit Common Council, 112 Mich. 159.
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