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About The Alliance-independent. (Lincoln, Nebraska) 1892-1894 | View Entire Issue (April 20, 1893)
THE ALLIANCE -IN DEPENDENT.
FOR THE LAWABIDER
Sixty-Nine Acts Passed by the Late
BjtLa Action of the Ooienior 8ixty-Eglit
EE VETOED HIS OW5 HOUSE BEHT
Kreirthtnc from s Mliwnm Rt
Bill to an Aot Gorei-nlnc J uetlce
of the Pmo Only Ob Brief
Mewage to Cong-res.
Ill legislature passed sixty-nine tills,
forty -three originating in the house and
twenty-six in the senate, as compared
with seventy-seven bills passed by the
previous legislature. Out of the sixty
bine measures passed Governor Crounae
vetoed only one, house roll No. 172, by
XJiggins, providing for an additional
judge in the Twelfth judicial district
Two years ago Jamas E. Boyd, then
governor, vetoed two acts, one the
famous Newberry maximum rate bill,
the other one being a duplicate bill re
lating to licensing of saloons.
Governor Crounse was called upon U
sign a modified rate bilL lie allowed
the street car bill and a joint memorial
to congress relating to election of United
State senators to become laws without
bis signature. However, he vetoed an
item of $2,000 for the governor's houne
rent in the general appropriation bill.
Following is a digest of the acts which
received executive approval :
Roll No. 03, appropriating
85,000 to provide for the payment of
officers, members and employes of the
twenty third session or the legislature.
Passed with the emergency clause.
House Roll No. 183, by R. II. Oakley,
of LancaHter, providing that all moneys
which may be received by the state
treasurer from the 81st day of March,
1893, to and including the the 31st day
March, 1803, on account of matricula
tion and diploma fees collected from
Students of the university of Nebraska,
and which by law constitute a special
"library fund" for said university, be
and the same are hereby appropriated
for the purchase of books for the library
of said university.
House roll No. 182, by Oakley, pro
Tiding that the moneys which have been
received by the state treasurer since the
establishment of the college of law of
the university of Nebraska, and all mon
eys which shall be received by the state
treasurer to and including the thirty -first
day of March, 18115, on account of
tuition fees collected from the students
in the said college of law, be and the
same are hereby appropriated to and for
the payment of expenses already in
curred, and for such expenses as may
be incurred to and including the thirty
first day of March, 1895, in connoction
with the support of the said college of
House roll, No. 431. by W. F, Porter
of Merrick, provides that all moneys
that are now or may hereafter be re
ceived by the state treasurer, or other
state officer, in pursuance and by virtue
of an act of congress of the United
States, approved August 30, 1800, entit
led "an act to npply a portion of the
proceeds of the public lands to the more
complete equipment and support of the
colleges for the benefit of agriculture
and the mechanic arts, established un
der the provisions of an act of congress,
approved July 2, 1862," shall be imme
diately paid over by said treasurer to the
authorities of the industrial college of
the university of Nebraska without
further warrant or authority than is
contained herein, in accordance with an
act of the legislature of Nebraska, ap
proved March 10, 1891. Passed with the
House Roll No. 105, by Church Howe,
providing that the sum of two thousand
two hundred thirty-four dollars and
thirty -two cents now in the treasury be
longing to the library fund of the State
Normal school, together with such other
sums as may be paid into the treasury as
matriculation fees belonging to said
library fund prior to March 81, A. D.
1895, be and the same are hereby appro
priated for the purchase of books for the
use of the library of the state normal
school, and providing further that the
money should be expended by the board
of education of the school. Passed with
the omergency clause.
House Roll No. 871, by O. A. Felton
of Nuckolls, p wides that the sum of
$5,000 be and the same is hereby appro
priated out of any funds in the treasury
of this state not otherwise appropriated,
and that the same be placed under the
control and direction of the governor of
this state, to be used by him or so much
thereof as he may deem necessary in
employing attorneys in prosecuting all
oriiuinal cases wherein the state has
been defrauded by its oillcers, employee
or tliose dealing with any state institu
tion, and necessary expenses connected
therewith. The governor shall kevp a
just and correct account of the amount
of money so extended by him and shall
report the same to the next term of the
legislature of this state, stating in what
Co" said money has Um paid out, the
amount paid and what for, and the na
ture of the crime charged. Passed with
the emergency t tause.
House roll, No. 278. by G. a Unpen
fuller, of Cheyenne, appropriating out
of any funds in the state treasury and
not otherwise appropriated the sum of
$7.41(3.73 for the relief of SeotU lllut!
oounty to reimburse said county for ex
pennes incurred in the trial of one
tleorgeS. Arnold unn the charge of
murder at the adjourned July teriu.l&W,
of the district court within and for said
county. And the sute auditor U b-re
by authorise t draw his warrant upon
the Mat irwwurvr tor the aov amount
la Uvor of said ikoiU Plur! county.
Koiim roll No ft iy V. H. Harry, of
Gruely, aproprianiiit oH of the general
fund of the idate of Nlra tins sum uf
U y and reimburse
Uainecwunty for the ntnei Incurred
aad the UtuoeV exntnded on the tml of
Passed with the
ITauje roil No. W. by N. P. Nelson of
Dodge, appropriating fa.uw ror me re
lief of George Maurer for disabilities con
tracted during the Indian outbreak of
two years ago. Passed witn tne eraer
House roll No. 58. by P. IL Barry of
Oreeley. appropriating fi.oou ior me
relief of Dra Paxton, whose husband,
James P. Paxton. was killed bv a fellow
whom lie attempted to arrest In Arkaa
tas, on April 10, 1891.
House roll No. 825, by Augustus Lock
ner of Douglas, to give A. J. Arnold an
honorable discharge and pay for three
months service as first lieutenant of the
lecond brigade of Nebraska. The
amount appropriated is $373.
House roll No. 811, by Casper, appro
priates $'55,000 to defray incidental ex
penses of the twenty-third session of the
legislature. Passed with the emergency
TTsinaa r.ill Kn 231 I Vnr snnronri-
a teg money to pay the salaries of state
officers and omcers ana employes or.
itate institutions. Passed with the
House roll No. 207. bv the committee
on finance, appropriates funds for the
support and maintenance of state offices
and state institutions. Passed with the
limine roll No. 543. appropriates
funds to pay miscellaneous items of in
debtedness owing bv the state. Passed
with the emergency clause.
Chapter 8-Clvtl Right.
Senate file. No. 44.by Moore Amends
sections 817 and 818, chapter 8, civil
rights, consolidated statutes; by provid
ing that all "persons" shall be entitled
to the same civil rights, amends section
818 by reducing the maximum fine from
$200 to $100, and strikes out the part
of the penalty relating to Imprison
ment, i'assed witn tne emergency
Chapter 8 Courts.
House roll No. 138, by John C. Wat
sonThe bill in part is as follows:
Ine governor or tne state, immediately
upon taking elTect of this act, shall ap
point three persons, who shall have at
tained the age of thirty years and are
citizens of the United States and of this
state and regularly admitted attorneys
at law in this state, and in good stand
ing of the bar thereof, as commissioners
of the supreme court.
Beo. 2. It shall be the duty of said
commissioners under such rules and
regulations as the supreme court may
adopt, to aid and assist the court in the
performance of its duties in the disposi
tion of the numerous cases now iwnding
in said court, or that shall be brought
into said court during the term of office
of such commissioners.
Sec. 8. The said commission shall hold
office for the peried of three years
from and after their appointment, dur-,
ing which time they shall not engage in
the practice of law. They shall each re
ceive a salary equal to the salary of a
judge of the supreme court, payable at
the same time and in the same manner
as salaries of the judges of the supreme
oourt are paid.
immediately after the bill became a
law the governor appointed as such com
mission, Robert Ryan of Lincoln, Judge
Irvine of Omaha, and John M. Ragan of
Hastings. The labors of the commission
are already being felt in advancing the
business before the court and have proven
highly satisfactory. Passed with tlu
House roll, No. 122, by A. J. Cornish
No person shall be admitted to practice
as an attorney in the supreme and dis
trict courts of this state hereafter, un
less such person shall have previously
studied in the office of a practicing at
torney for the period or two years, and
shall pass a satisfactory examination
upon the principles of the common lw,
under the directions of the court to
which application is made, or is a regu
lar graduate from the college of law of
the state university of Nebraska, and it
is shown to the satisfaction of said court
that such applicant sustains a good
moral character, and repealing seeuon
Chapter O Corporations.
Senate file No. 6, by Packwoqd All
railroads touching the same point in
this state or at some near point where
freight is received or delivered, shall
build and maintain transfer switches
for common use in transferring freight
in car load lots from one railroad to an
other and forward all such freight, pro
vided, that the railroads interested may
apply to the state board of transporta-
lion io ue reueveu oi una uuty in
any case where its performance
is unusually burdensome, and if
upon a personal examination
of the locality where the transfer
switches are to be put in use, and taking
testimony of persons residing in the local
ity, by "the secretaries of such board,
they find it unjust and unreasonable to
require the building of such transfer
switches, then such board may relieve
such roads of such duty, and that evi
dence from any locality along the lines
of roads interested Bhall be considered
by the said board and be coiupctcnt tes
timony in such case.
Sec. 2. The railroad company at
point of shipment shall make a through
waybill to point of destination and
the rate to be charged for such shipment
shall not bo the sum of two or more lo
cal, but shall bo apportioned between
the different roads according to mileage
of each nw-essiirily usd tn such ship
ment and shall be the rate for the short
est mileage distance by sny railroad be
tween point of shipment and point of
Sec, 3. No railroad shall make any
extra charge for delivering or reviving
such freight in car lots ou such transfer
rvo. 4. The cnt of building the trans
fer switches slutll be borne equally be
tween the different ronda which are con
nected by the sw itches.
Sec. ft, Uailroxd citinnn!ee refusing
t comply with the piovmionsof this act
within suty days from its taking etlevt
shall I iWnu'd guilty of a tuixdt'mcanor
and subject to fine f not thkll fx)
nor more than $"H tt each and every
day that such romp mlea shall lu-glcct or
rW. fl. The fine may be Impomd by
any court having ioin'ttut jurbultv
rWo. ?. Alt tlnef derived shall be paid
into the general vl fund of (he sute.
Uoum Mil Nrrb7j'', C. Wtn,
if Ut'M), knutt as Wutaoii'e "antt rv-
Senate file No, 112, by Moore
A mmln section (tofl. chapter 9, entitled
"Corporations." Boards of trustees of
any incorporated education institution
shall have power also to borrow and to
secure loans by mortgages or trust deed
executed by their president and secre
tary upon their college or university
buildings and grounds, by consent of
stockholders when such institutions are
owned by stockholders. Passed with
the emergency clause.
House roll No 83, by the committee
on railroads Fixes maximum rates to
be eharged by railroad companies for
traspofting freight Railroads built
since January 1. 1889, or before Deceui
ber 1899 shall be exempt from the pro
visions thereof until December 31, 1899.
Whenever any railroad company shall
show that the rates prescribed are un
just such road shall be exempt All
such actions shall be brought before the
supreme court. In no case shall the
rates be raised higher than that charged
January 1,1893. The board of transpor
tation has power to reduce rates in this
act whenever it shall seem just and
reasonable to a majority of said board.
The board shall not change the classifi
cation so that the rates will become
higher than fixed in this act Any com
mon carrier subject to this act violat
ing or omitting to do any act re
quired shall upon conviction
thereof be fined in any sum not less than
$1,000 nor more than $",000 for the first
offense ; for the second offense not less
than $5,000 nor more than $10,000, and
for the third offense not less than $10,
000 nor more than $20,000, and for ev
ery subsequent offense and conviction
thereof, snail be liable to a fine of $25.
000; provided that in all cases under this
act either party shall have the right of
trial by jury.
Senate file No. 210, by Smith
Amends sections 624. 625 and 626, con
solidated statutes. The articles of incor
poration must fix the termini of the
street railroad which the company pro
poses to construct and describe the
precise route between such termini,
which shall be one continuous line from
one terminus to the other, and also
name the streets through which said
railway is to be constructed, said arti
cles shall also state the length
of the railway so proposed,
which shall not be authorized or con
sented to by the electors of any such
city, at any one election, to exceed the
length of five miles. Ten days before
election a plat or map showing the
proposed route shall be filed in the
office of register of deeds, also
whether the railway is to be a
single or double track. A majority
of the votes cast is required
for the granting of a franchise.
No street railway shall hereafter be
constructed or consent or authority
therefore be given by any city or its
electors, upon or along any part
upon or along which any street
of any street in any city,
railway has been already constructed,
and where any other company or party
owns any street railway upon any part
of such street it is hereby authorized
and empowered to consent to the use of
any part of its railway by any other
company upon such terms as may be
agreed upon by them, provided that no
such use shall be allowed or enjoyed
without its consent.
Provided further, that no authority Jo
construct street railway on any street of
any city in this state under any fran
chise hereafter granted, or consent of
the electors of any such city thereto,
hereafter given, shall be operative or
effective unless the owners of a major
ity of the feet front of the real property
abutting upon the street or streets upon
which it shall be proposed to construct
any such street railway, shall in writing
consent thereto, which written consent
shall be filed in the office of the city
clerk of the city wherein such street is
situated before any election to give the
consent of the electors of such city shall
Senate file No. 127, by Babcock
Amends the act entitled, "An act incor
porating metropolitan cities, and de-!
fining, regulating and prescribing their
duties, powers and government,' com
monly known as the Omaha charter.
Passed with the emergency clause. j
Chapter 10 Counties.
House roll No. 420, by J. B. Farns-
worth. makins the boundary of Keya
Paha county w a
Chapter 18 Decedents' Estates.
Senate file No. 163, by McDonald-
Amends section 1300, chapter 12, consol
idated statutes, entitled "decedents' es
tates," by giving guardians of minor
children the same authority conferred
on administrators of intestate estates to
mortgage any real estate belonging to
such estate. Passed with the emer
Chapter 14 Drainage.
House roll, No. 179, by Keckley of
York, to provide for the ditching or
draining of swamp land and to protect
the same by levees. The bill prescribes
that when any person, who is an owner
or occupant of swamp lands shall desire
to construct a ditch across the lands oi
another, where no mutual agreement
can be reached between them that the
former can file a petition in the district
court setting forth the necessity for
the same. .
Service may be had upon non-resi
dents in the same manner as provided
for in other eases in the district court
Chapter 18 Illtihways.
Senate file No. 63, by McCarty Re
peals section 1832, chapter 18. consoli
dated statutes and enacts the following
in lieu thereof: -within twenty days
after the day is tl xed by the clerk as above
provided, a uotice shall lie served on each
owner or occupier of land lying in the
propwed highway, or abutting thereon,
shown by the numerical indexes in
the register's otlU-e, who rodde in the
county, in the manner provided for the
service of original notices in actions at
law ; such uotice shall ut) be published
for four week in some mwspa)er pub
Uhed in the county, if such there be; or
if there be no ueHiiHr published in
the county, then such notice shall tie
(MMtetl in at leaMt three publio place
along the line of the pniom'd rood,
w hu h notice may be in the fallowing
S imu file No. i by Everett Re-
JNaa la section lHi7, chapter IS, consoll
Uted statute, entitled "Highways' and
nacU the (oUowtn in lieu thereof- "If
tliu apal has l'vii titkvn by the cUiui
nut and he fails to recover 011 his appeal
on amount greater than the amount
allowed him by the boa id he shall pay
lb ccl occasioned by th appeal, but
if lie recovers an amount greater thttu
thai allufred him Uv the board the
county snail in ail cases pay tne cosm.
If the petitioner for the roitd appeals he
mut pay the costs unleea the claimant
recovers a lees amount than was allowed
him by the board, in which case the
costs shall be paid by the claimant,
judgment shall be rendered in accord
ance with the foregoing provisions."
Passed with the emergency clause.
Senate file No. 35, by Thomsen
Amends section 1905, of the consoli
dated statutes, by dividing the town
ship road fund as follows: "All of said
fund shall be held by the township
treasurer subject to the order of the
town board, excepting an amount not
to exceed one-fifth of the entire fund
aforesaid, shall be paid by the town
treasurer to the overseer of the district
from which such tax is collected The
amount under control of the town board
as aforesaid shall be expended for the
general benefit of the township, for road
and bridge purposes." Passed with the
Senate file No. 121, by Correll The
oounty board of any county is author
ized to levy a special tax not exceeding
five mills on the dollar of the valuation
of road districts to pay outstanding
road district warrant and to liquidate
indebtedness against such road districts,
said levy to be made at the board's reg
ular annual meeting in July, the tax ' to
be collected by the county treasurer, in
the same manner as other county taxes
are collected, and all warrants to be
paid by the county treasurer in the
order in which they appear on his war
rant register. Annual levies may be
made until the indebtedness is paid.
Chapter 21 Irrigation.
Senate file No. 194, by Babcock
Amends section 2082, chapter 24, con
solidated statutes of 1891. The right to
the use of running water may be ac
quired by appropriation by any person,
company or corporation, organized
under the laws of Nebraska; provided,
that in all streams not more than
twenty feet in width the rights of the
riparian proprietor shall not be affected
by the provisions of this act.
Sec. 2. All laws relating to irriga
tion canals shall be deemed applicable
to any canal constructed for the pur
pose! of developing water power.
Sec. 3. Amends section 2037, chapter
24, consolidated statutes to read:
"Water appropriated from a stream
shall not be permitted to run into any
other stream than that from which it is
taken, unless such stream exceeds in
width 100 feet, in which event not more
than 75 per cent of the regular flow shall
Sec. 4. Amends section 2059: Owners
of land along any ditch constructed for
the purpose of selling water for , irriga
ting are entitled to the use of water in
the order of their location ; providing,
that in times of scarcity the water shall
be distributed equally to consumers, and
the price reduced in proportion to re
duction of supply. Passed with the
Chapter 85 Libraries.
Senate file No. 55, by Tefft -To enable
the state library and the Nebraska state
historical society to augment their re
spective collections by effecting
exchanges with other societies and
institutions, the state of Nebraska here
by donates to the state library 200 bound
copies of each of the several publica
tions of the state, its officers, societies
and institutions, except the reports of
the supreme court; and to the Nebraska
state historical society fifty volumes of
the same publications, as the same shall
Chapter 35 Municipal Corporations,
House Roll, No. 252, by A. L. Sutton
of Douglas. Section one amends section
2609 of the consolidated staxites by tak
ing from the mayor the power of ap
pointing the water commissioner and
vesting him with the power to appoint
the chief of police by and with th
assent of the council and providing that
any of such officers may be removed foi
Section two amends section 2612 of the
statute. It allows the clerk of cities,
$1,000 per annum instead of $750; city
attorney $1,200 per annum instead of
Section 26u0 is amended by a prohibi
tion that the corporate authorities shall
not appropriate an amount exceeding
in the aggregate the amount of tax
authorized to be levied during the en
suing year. It also provides that noth
ing in the law shall be construed to pro
hibit the council from appropriating
other money in the annual appropriation
bill lor the use of street irrades and
subdivision four of said section is also
amended, and relates to the grading of
streets and sewerage in the city. To ex
ercise the right of eminent domain and
to take private property for publio use,
such powers to be exercised in the same
manner and form as in cases of con
demnation proceedings by railway com
panies. Tassed with the emergency
House roll No. 76. by G. A. Liukart,
of Madison, to provide for the incorpora
tion of villages situated in two or more
counties. The bill provides that a
majority of the taxable inhabitants of
any village situated in two or more
counties may petition the board of any
county of which they wpre a part to be
incorporated as a village and compels
the county petitioned to act upon it the
same as it tne village was a part of the
county. Justices of the peace in any
villages so governed shall have jurisdic
tion of the ordinances of said city. The
board of trustees is empowered to fill
vacancies. Can impose an annual dog
tax. Shnll have the right to use the jail
of either county. The taxes of each
art of the village situated in the two
counties shall be certified to the clerk of
their respective county. All acts of any
village declared incorporated under the
proviMous of the act are legal and valid.
That any notice required to be published
in a certain county, if published in a
newspaper of general circulation in the
village, such publication shall le legal.
The. bill tvieais all acts ami parts of acts
iiu'ouitent therewith. Pawted with
the emergency clause.
Senate file No. 24 by Moore In cities
of ! .1,000 or more inliabitanU a woman
shnll be appointed by the mayor to the
office of Kiiee matron who shall have
the care and cunUnly of all women and
children arrenUd in such ntun. huch
police matron shall lie a Member of the
regular police statT. under the tame re
strit'tious, and shall receive a ealary of
M r uiontli.
Senate file No 19 by, Moore, to mend
uUlivision 1 section SMlii.oonftoUdatod
statutes, by providing that such cities
or villages iuay torrow n.onev cr
Cxtlau4 on Third I'ig )
ALLIANCE CARRIAGE CO., CIIfCINNATI, OHIO.
U 1 Jxefr-fPk
A CirateX40. r a d d i a n
siV " 'J
Y'V A i rat) $ -J 1.
Vir.ONS or HARNESS
an w tMe uuii! trou have leea
f :i ikuM.HiilrML It show. over
r uihucu 1
1 A ... vit b nrices of vehicles
one huwh " ' ----- .
.fh 0 Out good-. smctly had-de d fully wraoted fur ...
mn, d oar Spiral Spring are warranted ior u year. "
. r r MvMixattoBK. Examine our
reeoffnizea manuiciurer iov n. -
m.mmotn dip .y .1 mwrni - air.
1 uitxrc.v tnrrn B tb worm mat aril iwr enure oihk' . "7 n
ALLIANCE CARRIAGE C0..1i-.".--"S3kaaclIinatl, 0.
Worsted dress goods from 10
cents to $1 00 per yard.
Our stock of wool dress goods Is
Ten thousand dollar stock RHflTQ flnrl SHflFS A lrg variety of (rent's, Udle's
muiM.tfmni DUU I O ttllU wflUto r, children's shoes.
to select from
Straw hats from 5e to 11 29
HATS and CAPS.
Gent's wool and fur hats from
60c to 3 00 each.
Our stock of groceries and queensware is always complete. jur constant aim is to
give you the best goods at bottem prices.
921 0 street.
Opposite Post Office.
20O to 212 FIRST AVE. NORTH.
. PBOPBIBT0B9 OP TH1
DSAlSftS AND XPORTSRS.
BRANCHESi COUNTRY AND PACKER
CHICAGO, ILL. ST. LOUIS, MO. Green Salted BIDES,
' rMlfnVlnfl Tint. DMaA
bananas, i j niucs, j
'Pelts, Furs, Wool,
Tallow, Grease, Deerskins,
Ginsino & Sbnsc Root,
1ST a 139 Untk Sr.
1U Pin St
Expo. of Tannery. HELENA, MONT.
FINE NORTHERN FURS.
f &0Ok?: ? .1" f
REFERENCES BY PERMISSION.
8.0UHITV Bank of Minn.j MfNM.Aiou. Mimm.
Ft. Dmkoohn Nat. Bank, Cxi.Aao. Ill
Montana National Bank, Hbl.na, , Mont.
Fmnr National Bank, Qn. at Fall. Mont.
FmoT National Bank, S.okam.Fl.jW..h.
Nat. Bank or Comm.noi. St. Loui. Mo,
Liberal Advances Made on Shipments against
Original Bill of Lading.
Shipment! Solicited. Wrlit for Circulars.
Shipper from thla State Correspond with and Con
sign to Minneapolis lluuae.
IMPORTER AND BREEDER OF
Percheron and French Draft Horses.
Every oris Registered and a Guaranteed Breeder. No
Worn Out Stallions, no Culls.
Prlrva 1nwrthHn the lowest wbn Q unlit y is considered. All selr-t animals
to nuke a cboic from. Come nd be convinced that 1 mean busioess. Long time,
mail profits and good horses may b pxiwrtnil.
CHAS. TRAPPER & CO.,
Feed & Hay Dealers.
Corn in car lot for fepders a specialty. Consignments solicited. Good sales. Prsmpt re
turns, Refer to Missouri National Bank.
12th f Hlclcory Sts Kansas City, Mo. J. E. JOHNSON, Manager.
TO LOAN ON FARMS
ESTER NEBRASKA AT 6 PR CE5T.
interest and a very small commission. Privilige given borrower
to pay in installments and stop interest. Money always oq hand.
Write or call on us. gTULL B RO S
UTH AND N 6ts.. LxINOOIaX, NEBRASKA.
' ' 'I l I. ' ....
WTATT-BULLARD LUMBER CO., Omaha; lab:
JOHN B. WRIQ HT, Pres. T, E SANDERS, V. Pres. J. H. M'CLAY, Cashier
Columbia National Bank
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CAPITAL - - S25o.ooo.oo.
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General Paseeitfef Agent,
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