History of Gage County, Nebraska; a narrative of the past, with special emphasis upon the pioneer period of the county's history, its social, commercial, educational, religious, and civic development from the early days to the present time, Part 40

Author: Dobbs, Hugh Jackson, 1849-
Publication date: 1918
Publisher: Lincoln, Neb., Western Publishing and Engraving Company
Number of Pages: 1120


USA > Nebraska > Gage County > History of Gage County, Nebraska; a narrative of the past, with special emphasis upon the pioneer period of the county's history, its social, commercial, educational, religious, and civic development from the early days to the present time > Part 40


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These heroic citizens of our county served faithfully until the end of the war, and all returned to Gage county to make their homes. Mr. Shaw some years ago went to Florida, where he died. Elwood and Potts, after many years' residence, both died in Gage county, much honored by all who knew their history. In addition to these, William, Eg- bert, and James Shaw (sons of Stephen P. Shaw), and John Q. Adams, from Adams township, served in this regiment, being mem- bers of Company H.


The county contributed also to the member- ship of the Second Nebraska Cavalry Regi- ment, organized in 1863, to repel an invasion by the Sioux Indians in their retreat from Minnesota, following the great massacres of August, 1862. This regiment was raised in eastern Nebraska and enlisted for nine months' service, under the command of Col- onel Robert W. Furnas, of Brownville. It became a part of General Sully's expedition up the Missouri river, participating in the skirmishes and the battle of White Stone Hills, South Dakota, in which the Indians were completely . vanquished. Those from Gage county who took part in this campaign, as members of Company L of the Second Nebraska, were Francis M. Graham, George W. Desert, H. S. Barnum, Edward Arm- strong, Thaddeus Armstrong, and John Hagar, all of Blue Springs and vicinity.


Our county can take a just pride in the rec- ord made by its citizens in the Spanish- American war, in 1898. On April 20th of that year the United States presented its ulti- matum to Spain, demanding that she relin- quish sovereignty over Cuba before noon of April 23d and withdraw her land and naval forces from that unhappy island. Spain in- dignantly refused to comply with these de- mands, and on that day, at noon, President William McKinley issued a call for 135,000 volunteers in the military and naval service of the United States. On the 25th day of April congress issued its declaration of a state of war between Spain and the United States, and the call reached Lincoln, Nebraska, on the 27th of April. At noon of the following


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HISTORY OF GAGE COUNTY, NEBRASKA


COLONEL JOHN M. STOTSENBERG Killed in action in the Philippines, April 23, 1899


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HISTORY OF GAGE COUNTY, NEBRASKA


day the companies of the First Nebraska, in- cluding Company C, of Beatrice, went into camp at Camp Alvin Saunders, Lincoln. This regiment was mustered into service beginning on the 9th day of May; on June 5th it was aboard the steamer "Senator," at San Fran- cisco, bound for the orient ; and on July 17th, the city of Manila lay spread out before its members, from their vessel's anchorage in Manila Bay. The regiment disembarked on the 21st day of July, at Cavite, and remained in camp until August 2d, when it participated in the assault on the outposts of Manila, in which eight Nebraskans were wounded. On August 13th the regiment took an active part in the assault and capture of the city of Manila. From that time until February it was on outpost and guard duty about Manila, while Aguinaldo's rebellion was rapidly gath- ering head. On February 4, 1899, while sta- tioned opposite block house No. 6, near the waterworks, on Pasig river, a squad of four armed Filipinos attempted to pass the American line. Private Grayson, of the First Nebraska, stood guard there, and when the Filipinos refused to halt, he fired on them His fire was returned by the insurrectos, and the war of the Philippines was on. The regi- ment rushed to the defense of its outposts, the Filipinos attacking with vigor, and this action is known as the first battle of Santa Mesa.


The regiment participated with great re- nown in the second battle of Santa Mesa, Feb- ruary 20th ; the battle of Maraquana Roads, March 5th and 6th ; the advance on Mallolos ; the capture of Francisco del Monte, Meycan- gua, Ste. Marie, Ste. Clara, March 25th ; the battle of Quingua, April 23d; the battles of Calumpit, Santa Thomas, San Fernando and Calocan, May 6, 1899. Perhaps the battle of Quingua was the most sanguinary conflict in which the regiment was engaged. Amongst those who fell that day was John M. Stotsen- berg, the colonel of the regiment.


The regiment sailed from Manila July 21st and reached San Francisco July 29th, went into camp at the Presidio July 30th, and was mustered out and discharged August 23, 1899,


after a service of one year, three months, and fourteen days. Its losses were: Killed in battle, twenty-one; died of wounds, thirteen; died of disease, thirty - a total of sixty-four.


Company C reached Beatrice September 1, 1899, and was given a royal reception by the entire population. The roster of this company is as follows:


Captain Hollingworth, Albert H.


First Lieutenants


Archer, Harry L.


Storch, Joseph A.


Second Lieutenants


Mclaughlin, Warren L.


Wheedon, Burt D.


Dungan, William B.


Coleman, Garrett F.


First Sergeants


Wadsworth, Andrew S.


Reedy, William H.


Quartermaster's Sergeants


Pethoud, Logan L.


Johnson, Hans


Sergeants


Curtis, Orrin T.


Geddes, George L.


Hall, John A.


Murdock, Harry S.


Evans, William J.


Peters, Lehman C.


Johnson, Hans


Dudley, Howard S.


Corporals


Evans, William J. Cook, Erastus


Bick, Frederick


Bloodgood, Edwin E.


Langdon, Oliver H.


Holbert, Andrew F.


Jones, Sherman Truax, George Lester


Hall, Sherrill W.


Tyson, Jesse


Baird, Jesse P.


Schultz, Hugo D.


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HISTORY OF GAGE COUNTY, NEBRASKA


Putt, Philip C. Peters, Lehman C. Hall, William G.


Musicians


Stevenson, Arthur E.


Baird, Jesse P.


Roller, John S. Tucker, Luther I. McHugh, Joseph D.


General Roster


Ashenfelter, James L.


Ashley, Clifford L.


Beal, Eugene


Butler, Charley C.


Bick, John W.


Bowling, William W.


Bradshaw, James A.


Brewster, Charles L.


Brownell, Mike


Ball, Louis


Bowling, George I.


Barry, Joseph J.


Bloodgood, Edwin E.


Campbell, Robert


Campbell, Roy C.


Clark, Frank M.


Condon, William


Cook, Fred


Davis, Everett


Drake, Neal C. A.


Druigman, William F.


Dudley, Howard S.


Field, Charles


Folden, Charles F.


Folden, James R. C.


Gable, Louis M.


Gashaw, Nelson S.


Griffith, Norman


Hall, William G. Hall, Sherrill W. Hileman, Wilbert S.


Holbert, Andrew F.


Hutson, Edward J. Harris, Frank Johnson, Hans Johnson, William Jones, Charley C. Jones, Sherman


Knouse, Frank M.


Kuhn, Fred C.


Langdon, Oliver H.


Litty, Fred L.


Macy, Bruce E.


Meeker, Orrie A.


McHugh, Joseph D.


McDaniel, Charles L.


McDonough, Michael L.


Nelson, Linus C.


Olinghouse, Henry I.


Owen, Frank


Ozman, Roscoe C.


Ossowski, Paul


Penrod, Jesse C.


Peters, Lehman C.


Peters, Martin L.


Pinson, Will H.


Powers, Mark


Putt, Phillip C.


Quein, John R.


Ragland, Simeon W.


Ray, Alpheus


Reedy, William H.


Roller, John S.


Riordan, John J.


Rungan, Charles


Shultz, Hugo D.


Scott, Marion F.


Smith, Elmer W.


Spott, Thomas


Staker, Will C.


Sterne, William A.


Tatman, Harry E.


Thompson, Earl W.


Tucker, Luther I.


Tyson, Jesse


Watts, Bert W.


Willey, Frank


Wilson, John E.


Recruits


Ackerman, Paul August


Avey, Sherman H. Burnham, Lyvenus S. Boomer, George R.


Bishop, Fred W.


Chevrout, James W.


Epp, Henry Martin Franklin, C. M.


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HISTORY OF GAGE COUNTY, NEBRASKA


Logsdon, William Miller, Julius G. Morris, Robert B. Nelson, Julius M. Pillsbury, John W.


Rowland, Ira C.


Salisbury, Clayton L. Shaw, Herman C. Smock, Harry O.


Stambough, William H.


Stout, Ira P.


Stout, Walter I.


Tilton, Winfield S.


Truax, George Lester Ward, Peter


Woodbridge, William E.


Promoted


Harry L. Archer, First Lieutenant, Regi- mental Adjutant.


W. R. Mclaughlin, Second Lieutenant, Regimental Quartermaster.


Bert D. Wheedon, Second Lieutenant, Regi- mental Adjutant.


Andrew S. Wadsworth, First Sergeant, Second Lieutenant, Company B.


Orrin T. Curtis, First Sergeant, Second Lieutenant, Company L.


Wounded


A. H. Hollingworth, Captain, wounded in right forearm and right thigh, near Ma- riquina, P. I., February 17, 1899.


J. A. Storch, First Lieutenant, wounded in right arm, at San Francisco del Monte, P. I., March 25, 1899.


B. D. Wheedon, Second Lieutenant, wound- ed in right hip, near Mariquina, P. I., Febru- ary 17, 1899.


W. G. Dungan, Second Lieutenant, wound- ed near Quingua, P. I., April 24, 1899.


Orrin T. Curtis, First Sergeant, wounded in right hand, at Santa Mesa, P. I., February 4, 1899.


Jesse P. Baird, Corporal, wounded in left hand, at Marilao, P. I., March 29, 1899.


Chas. Brewster, Corporal, wounded in right foot, at Calumpit, P. I., April 25, 1899.


John S. Roller, Artificer, wounded in left arm, at Quingua, P. I., April 23, 1899.


Henry Epp, wounded in left shoulder, at Santa Mesa, P. I., February 5, 1899.


Fred C. Kuhn, wounded in left thigh, at waterworks, P. I., February 6, 1899.


Roscoe C. Ozman, wounded in right fore- arm, at San Francisco del Monte, P. I., March 25, 1899.


Roy C. Campbell, wounded in left ankle, at Guiguinto, P. I., March 29, 1899.


George R. Boomer, wounded in left fore- arm, near Guiguinto, P. I., March 30, 1899.


Lyvenus S. Burnham, wounded in left shoulder, near Guiguinto, P. I., March 30, 1899.


William Logsdon, wounded in right lung, near Guiguinto, P. I., March 30, 1899.


Bert W. Watts, wounded in left thigh, near Guiguinto, P. I., March 30, 1899.


Dead


William G. Evans, Sergeant, died of blood poison, at Cavite, P. I., July 24, 1898.


George L. Geddes, Sergeant, died of spinal meningitis, at sea, June 21, 1898.


Bruce E. Macy, wounded in action at Ma- rilao, P. I., March 29, 1899, died April 20, 1899.


Julius G. Miller, died of spinal meningitis, at Honolulu, October 20, 1898.


Frank Knouse, drowned in Pasig river, De- cember 15, 1898.


The members of Company C of the First Nebraska were the only Gage county people who saw active service in the Philippine war. General Leonard W. Colby, of Beatrice, at the beginning of the war, was appointed brigadier general and assigned to a command at Annis- ton, Georgia. His brigade, however, was never called into service.


But all other military achievements to which Gage county may justly lay claim, pale into insignificance before its activities in the pres- ent great world war. Scarcely had the declaration of war with Germany been made by congress, in April, 1917, when historic Company C of the Nebraska National Guard, of Beatrice, commanded by Captain Charles L. Brewster, presented itself for volunteer service. At Wymore, Company F, command-


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HISTORY OF GAGE COUNTY, NEBRASKA


ed by Captain F. E. Crawford, and composed almost wholly of Gage county volunteers, left Wymore September 20, 1918, for military training at Camp Cody, Deming, New Mexico. Prior to the taking effect of the draft act of congress, many others volunteered in the army and navy of the United States for ser- vice in this the greatest and most terrible of all wars. Under the draft act, many more of Gage county's young men have been drawn into the service. The figures are not at hand to show the number of our county's citizens now serving under our country's flag in the


war waged for the preservation of democratic institutions throughout the world. Including both branches of the service, it is approxi- mately 1200. Many are already in France, a few have made the supreme sacrifice for hu- man liberty, and many others may yet do so. Besides its man-power, the county has gener- ously contributed of its wealth for the prose- cution of this war of embattled nations. The full record of the county's patriotic contribu- tions in this crucial epoch of the world's his- tory must needs be left to the consideration of some later historian.


CHAPTER XXX


THE BENCH AND THE BAR


TERRITORIAL SUPREME COURT - TERRITORIAL DISTRICT COURTS - CHIEF JUSTICE FERGUSON - ASSOCIATE JUSTICES - FIRST SESSION SUPREME COURT - FIRST TERM DISTRICT COURT - FIRST JUDICIAL LEGISLATION - GAGE COUNTY'S FIRST DISTRICT JUDGE - FIRST TERM DISTRICT COURT IN GAGE COUNTY - SECOND TERM-FIRST GRAND JURY - FIRST EMBEZZLEMENT - FIRST MURDER-THIRD TERM DISTRICT COURT - FIRST PETIT JURY - FIRST DIVORCE CASE-STATE SUPREME


COURT - STATE DISTRICT COURTS - ACT ADMITTING ATTORNEYS - FIRST LAWYERS IN GAGE COUNTY - BRIEF SKETCHES OF FORMER MEMBERS OF THE BAR - PRESENT MEMBERS


The organic act by which the territory of Nebraska was created and under which it was organized, vested the judicial power of the ter- ritory in a supreme court, district courts, pro- bate and justice-of-the-peace courts. With respect to the supreme court, it was provided that this high tribunal should consist of a chief justice and two associate justices, to be ap- pointed by the president of the United States, by and with the consent of the senate. Any two of the justices, the act specified, should constitute a quorum. They were required to hold one term of court annually at the seat of the territorial government, and continued in office for a period of four years, or until their successors were appointed and had qualified. Their salaries were fixed at the sum of two thousand dollars per annum, to be paid out of the public treasury at Washington, and they were given authority to appoint a clerk, who held office at the pleasure of the justices and who was paid by the fees of his office.


The act further provided that the territory should be divided into three judicial districts and that a term of court should be held an- nually in each district, by one of the judges of the supreme court, at such times and places as should be prescribed by law. Each judge was authorized to appoint a clerk of the court for his district, "who should also be a register


in chancery and should keep his office at the place where the court may be held". Clerks of the district court, like the clerk of the supreme court, held office at the pleasure of the judge appointing them, and were paid by the fees of their respective offices.


Section 17 of the organic act provided that, until otherwise provided by law, the governor of the territory might define the judicial dis- tricts "and assign the judges who may be ap- pointed for the territory to the several dis- tricts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts, by proclamation to be issued by him; but the legislative assembly, at their first or any sub- sequent session, may organize, alter or modify such judicial districts, and assign the judges, and alter the times and places of holding courts, as to them shall seem proper and con- venient."


In June, 1854, President Buchanan appoint- ed James Bradley, of Pennsylvania, associate justice of the territorial supreme court of Ne- braska; in July following, Edward Randolph Harden was appointed associate justice of that court; and on October 12th President Buch- anan appointed Fenner Ferguson, of the state of New York, chief justice of the court.


Immediately upon his appointment Judge


319


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HISTORY OF GAGE COUNTY, NEBRASKA


Ferguson moved his family to Bellevue, where he resided until his death. He was very ac- tive in assisting the legislative assembly to frame and adopt the first code of laws enacted for the government of Nebraska Territory and in otherwise placing it in a going condition. Acting within the scope of his authority, Act- ing-Governor Cuming had by executive pro- clamation provisionally organized the territor-


1


FENNER FERGUSON First chief justice of the Nebraska Territorial supreme court


ial courts by assigning Chief Justice Ferguson to the first judicial district, as established by his proclamation. This district embraced Dodge and Douglas counties. The second district, as marked out by the proclamation, embraced the entire South Platte portion of the territory, and the third, the counties of Burt and Washington. Associate Justice Harden was assigned to the second. and As- sociate Justice Bradley to the third district. The proclamation provided for the holding of a term of the supreme court at the seat of


government on the third Monday of February, 1855; in the first district, at Bellvue, on the second Monday in March, 1855; in the second district, at Nebraska City, the third Monday in March, and in the third district, at Florence, the first Monday in April, 1855.


Pursuant to this proclamation, the first ses- sion of the territorial supreme court met in Omaha - which had been selected by Acting- Governor Cuming as the capital of the new territory - on the 19th day of February, 1855, and remained in session until the 6th day of March following. Chief Justice Ferguson presided, and during most of the session both associate justices appear to have been in at- tendance; a part of the time, though, we are informed, Justice Harden was ill, at his lodg- ings at Bellevue. J. Sterling Morton, of Belle- vue, was appointed clerk of the court. On the last day of the term, just before adjourn- ment, on motion of Attorney General Esta- brook, a number of applicants were admitted to practice law in the courts of the territory, amongst them being Andrew J. Poppleton, Andrew J. Hanscom, and Silas A. Strickland, all of whom became closely identified with the early history of Nebraska. But, on the whole, this first term of the territorial supreme court was largely a formal matter, for the pur- pose of effecting an organization and keeping the letter of the acting governor's proclama- tion.


The first term of district court in the new territory was also largely for the same pur- poses. It was opened at Bellevue, the oldest town in Nebraska, then situated in Douglas county, now in Sarpy county, by Chief Justice Ferguson, as judge of the first territorial judi- cial district, on the 12th day of March, 1855. Eli R. Doyle, marshal of the territory, was present in his official capacity, and the court appointed Silas A. Strickland, of Bellevue, clerk of the court. Several applications were made for naturalization papers by foreign-born residents of the territory and, no other im- portant business coming before the court, an adjournmment was taken until April 12, 1855.


In accordance with section 17 of the organic act, which devolved upon the legislature the


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HISTORY OF GAGE COUNTY, NEBRASKA


duty of permanently establishing the courts of the territory, defining their jurisdiction and dividing Nebraska into judicial districts, the first legislative assembly, which convened at Omaha on the 16th day of January, 1855, hav- ing adopted in part the Iowa code of civil procedure, proceded to enact a body of gen- eral laws, amongst which were several acts or parts of acts defining the powers and duties of the several courts of the territory and prescrib- ing their jurisdiction. The legislative enact- ment constituted the district courts the great trial courts of the territory. They were given exclusive and original jurisdiction of all suits at law and chancery, except such as were within the jurisdiction of the justices of the peace and such matters as were by express enactment committed to the jurisdiction of the probate courts, and for the inferior courts it was given appellate jurisdiction. The supreme court was given appellate jurisdiction in all decrees in chancery, and was a court of last re- sort to which writs of error could be addressed from all final judgments at law tried by the district courts. In other words, the final judg- ments and decrees of the members of the court, sitting as judges of the district courts, were subject to review by the entire bench on appeals or writs of error.


Amongst other things, the legislative body divided the territory into three judicial dis- tricts, the first of which comprised Washing- ton and Douglas counties; the second, Rich- ardson, Nemaha, Otoe, Cass, Lancaster, Green (now Seward), Clay, Pawnee, Johnson, York and Gage; the third comprised the counties of Dakota, Buffalo, Cuming, Burt, Dodge, Loupe (now Colfax), Blackbird (now Thurston in part), Izard (now Wayne), Jackson (now the north third of Gage), and McNeal (now Stan- ton) counties. Chief Justice Ferguson was as- signed to the first district, Associate Justice Harden to the second district, and Associate Justice Bradley to the third district. The legis- lative assembly designated also the time and place for holding court in the three judicial dis- tricts. In the second district, it provided that court should be held in the county of Cass on the first Mondays of April and September, in


Otoe county on the second Mondays, in Nemaha county on the third Mondays, and in Richardson county on the fourth Mondays of April and September in each year, and "in all other counties in said district at such times and places as the judge may appoint."


As respects Gage county, there is no known evidence that Associate Justice Harden ever called a term of court in the county. He was a southern gentleman of the old school. He


JAMES BRADLEY Associate Justice of the Nebraska Territorial Supreme Court


was born and educated in Georgia and was appointed associate justice of the supreme court of the territory of Nebraska in July, 1854, when he was thirty-nine years of age. In May, 1860, he was appointed to a like posi- tion in Utah, by James Buchanan, who was then president of the United States. He held the first term of court in his district, as far as known, at Nebraska City, in March, 1855, and left the territory probably before Gage county had any demand for a term of district court. He returned to Georgia in time to participate in the famous secession convention of that state, in 1861, and on the breaking out of the


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HISTORY OF GAGE COUNTY, NEBRASKA


civil war he enlisted in the Confederate army as commander of a company known as the Dalton Guards; he was afterward made adju- tant of Smith's Legion. He later served as an aide on General Walker's staff, and on the close of the war he resumed the practice of the law, at Cuthbert, Georgia. He served two terms in the legislature of his state, as a repre- sentative from Walker county, and held other honorary and remunerative positions. He ap- pears to have been a man of ability and in- tegrity. He died at Quitman, Georgia, in 1884, at the age of sixty-nine years.


EDWARD RANDOLPH HARDEN Associate Justice of the Nebraska Territorial Supreme Court


There exists no record of the holding of a term of the territorial district court in Gage county prior to the 26th day of November, 1863. Elmer S. Dundy, of Falls City, was appointed associate justice of the supreme court by Abraham Lincoln, president of the United States, in the early part of 1863, and was assigned to the Second judicial district. The first record in the district-court records of the county, written in Judge Dundy's own hand, reads as follows:


Be It Remembered, that at the Fall ad- journed term of the Gage County District Court of Nebraska Territory, held at Beatrice in said County, on the 25th day of November, A. D., 1863, the said court having been ad- journed from the first Thursday after the first


Monday in September, to the 26th day of No- vember, 1863, the following named officers were present, towit :


Elmer S. Dundy, Judge Rienzi Streeter, Clerk, by Oliver Townsend, Deputy,


C. B. R. E., Prosecuting Atty., Joseph Kline, Shff.


and the following proceedings were had, towit :


C. B. R. E. was admitted to practise law in the several District Courts of this Territory, after full examination in open court, he hav- ing been first duly sworn, according to law.


On motion of Aug. Schoenheit, J. Wilson Bolinger was admitted, on certificate, to prac- tice law in the several Judicial Districts of this Territory, having been first duly sworn, ac- cording to law.


The said sheriff returns into open court the venire heretofore issued for petit jury, and the jury being called, the following named per- sons were present and answered to their names :


Wm. Blakely, John Badly (Bagley) Sam'l Kilpatrick, H. J. Pierce, J. E. Chase, Adam Hager, H. M. Wickham,


and there being no business before the Court, were thereupon discharged.


Most of the business before the court was of slight importance. There were three in- dictments pending for the illegal sale of in- toxicating liquors, one for "malicious mis- chief," and a charge of riot, all of which were dismissed by the prosecuting attorney "C.B. R.E."


The civil business disposed of by Judge Dundy included nineteen cases, one of the important ones being that of Gideon Bennett vs. William W. Dennison. Bennett, the read- er will remember, was an Indian trader who followed the Otoe and Missouri Indian tribes from Nebraska City to their Gage county reservation in 1855, and Dennison, the defend- ant in the case, was the government agent of the Indians until the breaking out of the Civil war, when he left the territory, and afterwards became identified with the Confederacy. The action was upon a claim for money due to plaintiff from defendant, and had been accom- panied by an order of attachment which had


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HISTORY OF GAGE COUNTY, NEBRASKA


been levied by the sheriff upon property be- longing to Major Dennison. The record shows that the defendant had died during the pendency of the suit, and John W. Latham had been appointed administrator of his estate. The suit was revived against the administrator and judgment entered for the plaintiff in the sum of three hundred and fifty dollars and costs, the sheriff being directed to sell the at- tached property in satisfaction of same.




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