USA > Minnesota > Dakota County > History of Dakota County and the City of Hastings, Including the Explorers and Pioneers of Minnesota > Part 39
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The court house, communicating directly with the jail, was commenced immediately on the completion of the latter, Mr. Marvin being again superintendent of the building. The structure is an imposing one, and the pride alike of Hast- ings and the county. It is mainly built of brick, but heavy, gray, stone trimmings are conspicuous in its architecture. Its dimensions are 40x100 feet, while its two high stories, surmounted with a cupola, and its four tall towers rise above the surrounding buildings with becoming stateliness. There are two main entrances, one from Third and the other from Vermillion street. Below, there are eight rooms, besides the basement. for the use of the auditor, register of deeds, commis- sioners, and other officers of the county. The court room (above) is larger than need be, and is adorned, through the liberality and good taste of various citizens, with fine portraits of the judges of the districts, from Judge Chatfield to Judge Crosby.
Altogether, Dakota county has as fine county buildings as are to be found anywhere in the state. These were erected at cost of $95,000. It is worthy of remark, and greatly to the credit
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of the managers in the work of building, that $5,000 of the money originally appropriated was unexpended and returned.
The new court house and offices were ready for occupancy in November, 1871.
FORMATION OF TOWNSHIPS.
April 6th, 1858, the county commissioners met at Hastings, and pursuant to an act of the legis- lature, proceeded to lay off certain townships, and established their boundaries. Many of these retain their original limits and original names at the present day. Many of those names and boundaries, also, coincided with those of the precincts which had been formed earlier, as pre- viously stated. Any changes in the name or boundary of these towns have been duly noted in their history.
DAKOTA COUNTY LEGISLATURE.
At a meeting of the county commissioners held at Hastings, September, 14th, 1858; John W. McGrath was elected chairman pro tem. and John Kennedy, clerk, pro tem. On motion, the clerk made a list of the different towns were there was no contest as to election of members to the county board, that the members therefrom might answer to their names when called. The following members answered to the call, and were admitted to the board.
Hastings; G. S. Winslow, J. B. Griswold, first ward; Oliver Patch, second ward; Nininger; Mathew A. Miller; Inver Grove, Josiah Burwell; West St. Paul, J. W. McGrath; John Trower, first ward; Randolph Probstfield, second ward.
Mendota, Patrick Eagan; Union, D. J. Burns; Lebanon, Bainbridge Verrill; Lakeville. Samuel Dunn; Rosemount, J. H. Flannegan; Vermillion, A. H. Norris; Marshan City, L. L. Ferry; Doug- lass, Harvey Van Auken; Hampton, Gilbert Mc- Kay; Sciota, M. H. Chamberlain; Castle Rock, Leonard Aldrich; Green Vale, E. B. Carter; Ber- lin, G. B. Mallery.
On the following day, G. N. Moody answered to the call from Empire; A. Barton, from Rich- mond, and A. N. Nourse, from Waterford.
Permanent officers elected at the meeting, were G. S. Winslow, chairman, and John Kennedy clerk.
In 1859, John C. Meloy, having been elected the first auditor of the county, became, ex-officio
clerk of the county board. The latter body, con- stituted as above, was so huge and unwieldy, that it became known as the "Dakota county legisla- ture." A change was found necessary in the method of representation, and was enacted in 1860, when the county was divided into five commis- sioners districts.
The general national and state politics of the county is largely democratic, and has been since the county had any political organization, The first paper issued in 1856, when great national questions of the utmost importance were pressing themselves upon public attention, was vigorous in its opposition to the abolitionists and the new republican party. However, the presidential vote was as follows: 1860, Lincoln, 1,022; Douglas, 882; Breckenridge, 22. After this the democratic candidates received majorities, as will be seen from the vote. Vote of 1864: Lincoln, 1,176; McClellan, 1,178. Vote of 1868: Grant, 1,613; Seymour, 1,793. Vote of 1872: Grant, 1,080; Greeley, 1,752. Vote of 1876: Tilden, 2,172; Hayes, 1,599. Vote of 1880: Hancock, 1,742; Garfield, 1,610; at this election the vote for mem- ber of congress was: Poehler. 2,045; Strait, 1,846. The vote for governor in 1879 was Pillsbury, 1,256; Rice, 1,633.
It will also be observed from the above statistics that there has been a large increase in the vote of the county since 1860.
OFFICIAL RECORD
of the state, judicial and legislative officers of the county. The first territorial legislature con- vened September 3d, 1849, and adjourned the first of the following November. The county was represented in the council by John Rollins, Fifth district; and Martin McLeod, Seventh district; and in the house by Wm. R. Marshall, Wm. Du- gas, Fifth district; and Alexis Bailly and Gideon HI. Pond, Seventh district.
Second legislature, January 1st to March 31st, 1851-John Rollins, Martin McLeod, council; John W. North, E. Patch, house, Fifth district; Benjamin Randall and Alexander Faribault, Seventh district.
Third legislature, January 7th to March 6th, 1852-By a new apportionment of the previous legislature, Dakota county became the Sixth dis- trict; Martin McLeod, council; James McC. Boal, Benjamin H. Randall, house.
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OFFICIAL RECORD.
Fourth legislature, January 5th to March 5th' 1858-Martin McLeod, council; A. E. Ames. B. H. Randall, house.
Fifth legislature, January 4th to March 4th, 1854-Joseph R. Brown, council; Hezekiah Fletcher, Wm. H. Nobles, house.
Sixth legislature, January 3d to March 3d, 1855-J. R. Brown, council; H. H. Sibley, D. M. Hanson, house ..
Seventh legislature, January 2d to March 1st, 1856-Apportionment of the previous legislature, including Dakota, Scott and Rice counties in the Sixth district; H. G. Bailly, Samuel Dooley, council; M. T. Murphy, O. C. Gibbs, John C. Ide, J. T. Galbraith, John M. Holland, house.
Eighth legislature, January 7th to March 7th, 1857-Samuel Dooley, H. G. Bailly, council; C. P. Adams, J. J. McVay, L. M. Brown, F. J. Whitlock, Morgan L. Noble, house.
At the extra session of 1857 Charles Jewett was admitted, vice Noble, resigned.
CONSTITUTIONAL CONVENTION.
Under the enabling act of congress, approved March 3d, 1857, a convention was authorized to meet at the capitol on the second Monday in July, for the purpose of framing a state constitution. At an election held the first Monday in June, each council district elected two members for each councilman and representative it was entitled to. July 13th, the convention met, but the republican and democratic wings organized separately, some disagreement having arisen. The same constitu- tion however, was framed and adopted by both wings, and ratified by the people, October 13th.
Republican wing, July 13th to August 29th, 1857-Sixth district; John W. North, Thomas Bolles, Oscar F. Perkins, Thomas Foster, Thomas J. Galbraith, D. D. Dickinson.
Democratic Wing, Sixth district-Henry H. Sibley, (president democratic wing), Robert Ken- nedy, Daniel J. Burns, Frank Warner, William A. Davis, Joseph Burwell, Henry G. Bailly, An- drew Keegan.
By section 10, of the schedule of the state con- stitution, Dakota county, in the new apportion- ment, became the third district.
First state legislature, December 2d, 1857- March 25th, 1858, took a recess until June 2d; ad- journed August 12th, 1858. Third district, D. 15
W. C. Dunwell, Henry G. Bailly, senate; James C. Dow, Robert C. Masters, James Locke, Rob- ert O'Neil, M. T. Murphy, house.
No session was held in the winter of 1858-59, mainly owing to the protracted session of 1857-'58 (which was believed to render unnecessary another one following so soon,) the legislature of that year having so provided by enactment.
Second legislature, December 7th, 1859, to March 12th, 1860. Third district: A. H. Norris, Eli Robinson, senate; H. G. O. Morrison, H. J. Schæfer, Moses Bixler, A. M. Hayes, H. Caskey, house.
In 1860 another apportionment occurred by which Dakota county comprised the seventh dis- trict. .
Third legislature, January 8th to March 8th, 1861. Seventh district: A. M. Hayes, senate; H. G. O. Morrison, M. A. Chamblin, house.
Fourth legislature, January 7th to March 7th, 1862. Seventh district: Charles W. Nash, senate; J. C. Cooper, house.
Fifth legislature, January 6th to March 6th, 1863. Seventh district: Charles W. Nash, senate; O. T. Hayes, G. C. Chamberlain, house.
Sixth legislature, January 5th to March 4th, 1864. Seventh district: D. F. Langley, senate; K. N. Guiteau, G. F. Ackley, house.
Seventh legislature, January 3d to March 3d, 1865. Seventh district: D. F. Langley, senate; K. N. Guiteau, Henry W. Tew, house.
Eighth legislature, January 2d to March 2d, 1866. Seventh district: D. F. Langley, senate; R. C. Masters, J. D. Smith, house.
The new apportionment of 1866 made no change in the representation of Dakota county, nor in its district number.
Ninth legislature, January 8th to March 8th, 1867. Seventh district: N. C. Draper, senate; J. H. Donaldson, S. C. Howell, house.
Tenth legislature, January 7th to March 6th, 1868. Seventh district: Seagrave Smith, senate; R. J. Chewning, Robert Foster, house.
Eleventh legislature, January 5th to March 5th, 1869. Seventh district: Seagrave Smith, senate; R. J. Chewning, R. Smith, house.
Twelfth legislature, January 4th, to March 4th, 1870. Seventh district: R. J. Chewning, senate; John Flannegan, William Jones, house.
Thirteenth legislature, January 8th to March
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3d, 1871. Seventh district: R. J. Chewning, sen- ate; J. H. Flannegan, D. E. Eyre, house.
By the apportionment of this year Dakota county became the twentieth district, entitled to one senator and five representatives.
Fourteenth legislature, January 2d to March 1st, 1872, Twentieth district-R. J. Chewning, senate; D. F. Langley, Hugh Derham, W. A. Gray, Daniel E. Eyre, George A. Wells, house. Fifteenth legislature, January 7th to March 7th, 1878, Twentieth district-R. J. Chewning, senate; A. E. Rich, Peter Ficker, J. F. Dilley, J. L. Lewis, D. C. Johnson, house.
Sixteenth legislature, January 6th to March 6th, 1874, Twentieth district-Ignatius Don- nelly, senate; D. F. Langley, J. F. Dilley, Geo. Auge, George A. Wells, Peter Ficker, house.
Seventh legislature, January 5th to March 5th, 1875, Twentieth district-Ignatius Donnelly, senate; John Byers, Nicholas McGree, J. C. McCarthy, house.
Eighteenth legislature, January 4th to March 3d, 1876, Twentieth district-Ignatius Donnelly, senate; J. F. Norrish, Daniel Ryan, C. A. Baker, M. H. Sullivan, Abram A. Osborne, house.
Nineteenth legislature, January 2d to March 2d, 1877, Twentieth district-Ignatius Donnelly, senate; Thomas Howes, D. B. Truax, E. G. Rogers, M. H. Sullivan, A. A. Osborne, house.
Twentieth legislature, January 8th to March 8th, 1878, Twentieth district-Ignatius Donnelly, senate; Elias Tompkins, J. L. Lewis, H. Fan- ning, G. W. Dilley, C. F. Hyland, house.
Twenty-first legislature, January 7th to March 7th, 1879, Twentieth district-C. P. Adams, sen- ate; D. T. Chamberlain, D. Boser, E. G. Rogers, Elias Tompkins, Ed. F. Hyland, house.
Pursuant to an amendment, passed by the legislature of 1877, and ratified by the people at the fall election, biennial sessions only, of that body, were to be held after the legislature of 1879. Accordingly there was no session in 1880.
Twenty-second legislature, January 4th to March 4th, 1881, Twentieth District-C. P. Adams, senate; Jasper N. Searles, D. Boser, John F. Norrish, James Kennedy, R. McAnd- rews, house.
JUDICIAL RECORD.
The hand of the law has been outstretched over Dakota county from various directions.
Michigan territory had jurisdiction over it until 1886, and Wisconsin until 1838. Iowa territory was then organized, and Dakota county, in com- mon with other territory west of the Mississippi river, became subject to its legal dispensations. The first officer of justice in the county was H. H. Sibley, who was appointed a justice of the peace by Gov. Porter, of Michigan, and again by Gov. Chambers, of Iowa, in 1838. His jurisdic- tion was over the territory included in Clayton county, Iowa, "an empire in itself," extending from below Prairie du Chien to Pembina, and westward from the Mississippi to the Missouri. General Sibley was, at this time, a resident of Mendota. Several important cases were brought before him, including the trial of Phelan for the murder of Hays, in 1889.
On the 11th day of June, 1849, the governor issued his second proclamation dividing the ter- ritory into three judicial districts. The seat of justice for the third district was at Mendota, and the first court was held there on the fourth Mon- day in August. Judge David Cooper presided, and H. H. Sibley was foreman of the grand jury, the first ever empanelled west of the Mississippi river in Minnesota. Judge Cooper delivered a written charge, able and finished, "but only three of the twenty old men composing the jury," un- derstood a word of the language he was speaking. Major Forbes, served as intrepreter through the term, but no indictments were found. The court was organized in the large stone ware house be- longing to the Fur Company.
Judge Cooper's term of office was from June 1st, 1849, to April 7th, 1853.
He was succeeded by judge Andrew G. Chat- field, April 7th, 1853, to April 23d, 1857. He was born in Butternuts, Otsego county, New York, June 27th, 1810. After the expiration of his term as above given, he went upon the bench again in 1871, as judge of the eighth judicial district, and was serving in that position when he died, October 3d, 1875.
Charles E. Flandrau, was his successor, April 28d, 1857, to May 24th, 1858. Judge Flandrau is a son of Thomas Hunt and Elizabeth (Macomb) Flandrau, and was born July 15th, 1828, in New York city. Having been educated in private schools, he read law with his father, at Whitesboro, Oneida county, New York, and was admitted
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to the bar January, 17th, 1851. He came to Min- nesota two years later,and was appointed as above. In 1858, he was elected to the same position, associate justice of the supreme court, in the state judiciary, but resigned in 1864.
Under the schedule of the state constitution, Dakota county was included in the fifth judicial district, and the first judge of the state of Min- nesota, for this district was Nicholas M. Donald- son. He was elected in the fall of 1857, and succeeded Judge Flandrau in holding courts in the county, May 24th, 1858. His term of office extended to December 1st, 1871. Judge Donald- son was born at Cambridge, Washington county, New York, November, 12th, 1809, his parents being James and Christy Mills Donaldson. He finished his education at Salem Academy, and was admitted to the bar of Ohio, during the fall of 1848. He settled in Owatonna, Minnesota, in 1857, and was elected and re-elected judge as stated. But long before the expiration of Judge Donaldson's terms of office, Dakota county ceased to be a part of his district. The last term of court in Dakota county, as as part of the fifth judicial district, was held November 21st, 1859, at which time Thomas Wilson presided as acting judge. The county now be- came a part of the newly constituted first dis- trict. S. J. R. McMillan held the first court in the county, for this district, March 27th, 1860. Judge McMillan was elected as associate justice of the supreme court, the term extending from July 5th, 1864. From April 7th, 1874, to March 10th, 1875, he served as one of the chief justices of that court. At present he is United States senator.
On the election of Judge McMillan to the su- preme bench, he was succeeded in the First dis- trict by Judge Charles McClure, August, 1864, to December, 1871. The latter is a native of Green- brier county, Virginia, having been born there February 20th, 1804, the son of Charles and Mar- tha (Walkup) McClure. He was educated at Lewisburg, Virginia, and was admitted to prac- tice in that state, in 1829. He settled in Red Wing in 1856.
Judge McClure was succeeded January 1st, 1872, by Judge Francis M. Crosby. In the fall of 1878, Judge Crosby was re-elected, without oppo-
sition, for another term of seven years. A sketch of his early life is given elsewhere.
List of county officers with the years of their service:
At the first election in 1853, the following off- cers were elected: H. Dupuis, treasurer; F. J. Bartlett, sheriff; A. R. McLeod, register of deeds; J. Locke, judge of probate; E. F. Parker, attor- ney; James Thompson, surveyor; Thomas Odell, coroner; J. J. Noah, clerk district court.
1855. D. W. C. Dunwell, treasurer; John Dev- lin, sheriff; John Kennedy, register of deeds; James Locke, judge of probate; O. T. Hayes, at- torney; M. A. Miller, surveyor; Thomas Odell, coroner; J. J. Noah, clerk district court.
1857. E. Dean, treasurer; J. Devlin, sheriff; J. Kennedy, register of deeds; J. J. McVay, judge of probate; Seagrave Smith, attorney; Andrew Keegan, surveyor; W. Felton, coroner; G. S. Winslow, clerk district court.
1859. [Up to this time the duties of auditor had been performed by the register of deeds.] John C. Meloy, auditor; E. Dean, treasurer; I. M. Ray, sheriff; John Kennedy, register of deeds; F. M. Crosby, judge of probate; E. F. Parker, at- torney; A. Keegan, surveyor; Wm. Felton, coro- ner; G. S. Winslow, clerk district court.
1861. J. C. Meloy, auditor; M. Comer, treas- urer; I. M. Ray, sheriff; E. Eichhorn, register of deeds; S. Smith, judge of probate; T. R. Huddle- ston, attorney; A. Keegan, surveyor; W. Felton, coroner: G. S. Whitman, clerk district court.
1863. L. Smith, auditor; M. Comer, treasurer; Stephen Newell, sheriff; E. Eichhorn, register of deeds; S. Smith, judge of probate; T. R. Huddle- ston, attorney; C. B. Lowell, surveyor; Wm. Felton, coroner; G. S. Whitman, clerk district court.
1865. L. Smith, auditor; M. Comer, treasurer; S. Newell, sheriff; E. Eichhorn, register of deeds; S. Smith, judge of probate; R. Judson, attorney; C. B. Lowell, surveyor; William Felton, coroner; G. S. Whitman, clerk district court.
1867. John Kennedy, auditor; M. Comer, treasurer; S. Newell, sheriff; N. F. W. Kranz, register of deeds; P. M. Babcock, judge of pro- bate; T. R. Huddleston, attorney; C. B. Lowell, surveyor; W. Felton, coroner; G. S. Whitman, clerk district court.
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1869. J. Kennedy, auditor; M. Comer, treas- urer; S. Newell, sheriff; N. F. W. Kranz, regis- ter of deeds; E. A. Gove, judge of probate; T. R. Huddleston, attorney; C. B. Lowell, sur- veyor; W. Felton, coroner; G. S. Whitman, clerk district court.
1871. J. Kennedy, auditor; M. Comer, trea- surer; S. Newell, sheriff; N. F. W. Kranz, regis- ter of deeds; E. A. Gove, judge of probate; S. Smith, attorney; C. B. Lowell, surveyor; W. Fel- ton, coroner; G. S. Whitman, clerk district court.
1873. M. Heinen, auditor; Wm. Harrington, treasurer; S. Newell, sheriff; N. F. W. Kranz, register of deeds; P. O'Leary, judge of probate; E. Parliman, attorney; C. B. Lowell, surveyor; W. Felton, coroner; G. S. Whitman, clerk dis- trict court.
1875. M. Heinen, auditor; D. O'Brien, trea- surer; S. Newell, sheriff; N. F. W. Kranz, regis- ter of deeds: P. O'Leary, judge of probate; E. Parliman. attorney; A. Keegan, surveyor; W. Felton, coroner; G. S. Whitman, clerk district court.
1877. M. Heinen, auditor; D. O'Brien, trea- surer; J. F. Newton, sheriff; N. F. W. Kranz, register of deeds; M. H. Sullivan, judge of pro- bate; J. N. Searles, attorney; A. Keegan, sur- veyor; W. Felton. coroner. G. S. Williams was elected clerk of district court, but died soon after, and John M. Heath was appointed to fill the va- cancy.
1870. M. Heinen, auditor; D. O'Brien, trea- surer; J. F. Newton, sheriff; N. F. W. Kranz, register of deeds; M. H. Sullivan, judge of pro- bate; Albert Schaller, attornery; A. Keegan, sur- veyor; W. Felton, coroner; J. A. Heath, clerk district court.
1881. A. J. W. Thompson, auditor; D. O'Brien, treasurer; J. F. Newton, sheriff; N. F. W. Kranz, register of deeds; M. N. Sullivan, judge of probate; Albert Schaller, attorney; A. Keegan, surveyor; W. Felton, coroner; John H. Heath, clerk district court.
CHAPTER XXXIX.
BAR OF DAKOTA COUNTY-THE PRESS-COUNTY AGRICULTURAL SOCIETY-COUNTY MEDICAL SOCIETY.
Lawyers have been described as so many chim- neys, whose use and benefit is to conduct away the smoke of society. In this capacity they are, indeed, often of great service, and as interpreters of the law of the land, counselors, and draughts- men of legal instruments they are, moreover, in- dispensable. On the other hand, the legend is fa- miliar of the lawyer, who, blindfolded, was to choose, from among the accumulated statues in the chapel, a patron saint for his profession, and placed his hand, and at the same time his choice, on the statue of the devil. Members of the pro- fession state, that the legend is not without its significance, and with them the responsibility of the statement must wholly rest. Outside of their own number, it receives little credence.
Yet the early courts of Dakota county, as of all other new counties of the state, were character- ized with some peculiarities which have wholly disappeared at the present day from the admin- istrative routine of justice. A due degree of or- der and decorum is more easily preserved now, than then, and contempt of court is both more sharply defined and less frequently indulged in. In those days when a recess for a few moments was moved, it was always carried, and was fully understood as granting an opportunity, for court, bar, jury and spectators to quench the thirst inci- dent to almost all early legal labors.
The moderation of the present day, in this respect, presents a commendable contrast. In those days, furthermore, the rights of the attor- ney's person, were not so carefully protected, as at present, and it was far more dangerous for one attorney to give the lie to another, though couched in the most elegant terms which are sometimes heard in the court-rooms of to-day. Though their zeal in this respect sometimes seriously inter- rupted all judicial proceedings, it must be con- fessed that the old time lawyers had an amazing and highly creditable respect for their reputations for truth and veracity.
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EARLY LAWYERS.
When this was called in question, it is related, that even at Hastings, the ponderous inkstand was made to supplement nature's weapons, and the assembled spectators were occasionally treated to rare exhibitions of pugilistic courage in its defence. It is further related that one brother in the law, at a justice trial in Hast- ings, after first sufficiently afflicting his slander- ous opponent with stripes, proceeded to wedge him into the narrow window of the court-room in such an undignified manner that he could neith- er get further in nor out.
Now it happened that the victorious assailant in this case was prosecuting attorney for the county. He immediately complained of himself, obtained a conviction and was fined five dollars, The money was paid, and no sooner paid than the culprit demanded five dollars for his fee as pros- ecuting attorney.
Whether in accordance with the law and usage of the case or not, the "court" deferentially handed back the five dollars, which the jubilant attorney pocketed, and departed with a lurking drollery in his eye.
Similar instances might be narrated at length, and cases where ignorance of the law, or hilari- ous disregard for its minor technicalities, placed particular individuals in the most ludicrous positions, are not wanting. Peculiarities of pronunciation or the misuse of words, both on the part of the "court" and of the members of the bar, gave rise to many little incidents which are still remembered.
On one occasion when a statement was made made by an attorney, the opposing counsel cried out, "Your Honor! Your Honor! that allegation is wholly false!" "Order! Order!" shout his honor, "the court believes that the allegation is false, and that that a'ir alligator knows it!"
Certain lawyers, shrewd fellows as they were, on becoming fully acquainted with them, would sometimes take cruel advantage of the intellec- tual weaknesses or the peculiar foibles of the jus- tices, and no doubt the decisions, in more than one justice trial, have turned on this issue. Yet, fairness and sense supplied many deficiencies of profundity and education. Who, indeed, shall complain of the former days?
An inability on the part of the justice to speak or to understand English, however, has proven to
be a matter of serious moment. For illustration, there was the Graham-Ramsey suit of 1854. Mr. Graham wished to obtain possession of Ver- million falls, which Mr. Ramsey considered as his. The case was brought before Hippolite Du- puis, a Frenchman, early prominent in the county, its first treasurer, and who died not long since at Mendota. Major J. J. Noah, now of Washington, D. C., was attorney for Mr. Graham, and John Brisbin, Esq., now of St. Paul, was counsel for Mr. Ramsey.
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