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EVENING LEPgER-PHILAPELPHrA, MONDAY, OCTOMB 19, X9Q.
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uoitRlU by Penrose. A evidence of good
inllli, after the first of these meetings.
It la set forth that the North American
jirepared the following statement, Issued
by Senator Penrose over hl nnme, Sep
tember 2, 1911:
The Inquliy Into the municipal gov
ernment (by the catlln Legislative
Commission) should be made without
fear or fat or. In this purpose 1 stand
ready to co-opernte.
The present municipal situation 'n
Philadelphia, In my judgment, de
mand' a thorough housccleanlng and
the adoption of measures to prevent
st continuance or a repetition of tho
methods of the present administration.
i 'Under no circumstances .should the
scandalous personal obligations and
financial operations of certain city
' officials be carried Into another may
oralty term.
Penrose Is alo charsed with having
aurrested and urged a coalition of the
,?sorth American's forces with himself, rts-
aurlng for the newspaper always a
'seat at the table" In municipal affairs.
-ln this connection he Is said to have
urged that the hen Mm; he put uft.
Thomas Hneburn While Is mentioned
In the edllorlftl. Penrose la charged with
-declaring that "White would do anything
-Jie Penrose wanted. " White had
bven appointed as a special Assistant
Attornej General to present to the Calllti
'Commission the elvdcnee against city
' contractors obtained by the Cltl2ens'
Commltt-e, headed by l,oirati M. Bullitt.
The iiarratlon of the alleged statement
'fcy Penrose that "White would do any
thing he wanted" is followed up by tin
declaration that "Mr. White subsequent!)
conferred with the editors of the Nort.i
American, outlined the evidence of con
tract frauds to be laid before the com
mission and assured us that the proba
would be Inserted as Impnrtlnllv Into the
3!cNlcltol contracts as into the Varc con
tracts." Later Penrose expressed concern, it Is
raid, bceiuso the enso prepared b Whin
"appear'd to "fall lint.' " Penrose Is said
to have asked that former .luclBe James
Gay Goidon become associated with At
torney General Bell as speclnl attorney
and represent the Commonwealth In pre
senting the North American's charKes be
fore the Catlln Commission." This was
done.
Penrose Is said to have shown "great
jrusto" in telling how William S. Vans
came "strutting" before Penrose and
others "with his chest sticking out like a
jKUtcr pigeon'," after bo Is said to have
passed the $."000 Into the hands of Major
Itejburn.
The Senator also disputed "grnphit
Iiumor" according to tho editorial, in
" describing the "ceaseless Importunities of
He burn." The paragraph continues:
"How he would pursue the members of
the corruption syndicate with messages
by letter and telegram and telephone;
how his demands became fo enormous
thnl they were compelled to pay him
Hums just large enough to keep him quiet,
$3000 when he asked fur $10,000; $10,000
when he asked for $20,000, and so on."
"Very likely." Penrose Is charged with
having declared, "you will ilnd that tho
payments wero most liberal Just before
contracts were to be handed out at City
Mall."
"PENROSE SPARED NO ONE."
Penrose also Is accused of promising
to tap all Mb "underground" sources of
Information to supply further details of
the alleged debauchery. The Senator
spared no one, according to the charges.
Tho alleged deals of his closest political
associates were described fully. Israel
IV, Durham is mentioned as one of those
accused of participating in the alleged
debauchery. His transactions are not
given In detail.
After making the charges the editorial
concludes with the following paragraph:
"Today Penrose Is hlmef a candidate
for the highest ofllcc of trust nnd honor
within tho gift of the people of this city
nnd State.
"That the voters may have a clear
revelation of one pha.e of the public ac
tivities of this corruptlonlst: that they
may realize that the Republican candi
date for United States Senator is a con
fessed debaucher of a Mavor of the
city, and that. Just as he be'jaycd the
public Interests, so he has betrayed po
litical pals and business associates and
personal friends Involved with him in
the corruption of public servnnts, the
North American presents herewith this
I plain recital of his confessions touching
(corruption during the fleyhurn-CIay re
Ifflme."
THOA1AS RAEBURN WHITE
REPLIES IN STATEAtENT
j Not a Party to Conference
Between Penrose and North
American
Thomas Raehurn White, who was at
torney for the Catlin Commission, in an
swer to the implication contained In the
North American today that Senator Pen
rose knew in advance what his actions
wr.uld be. said this morning:
"The Rullltt Taxpayers Committee
asXeil for th opportunltj to present cer
tain evidence before the Catlln Commis
sion, believing, as subsequently devel
oped, that further evidence of an In
criminating nature would be secured. As
counsel for that committee, I to-operated
with Attorney General Rell In presenting
thftt evidence and conducting an Investl
Katlon. I was not a purt to any con
ferences between Senator Penrose and
the North American editor, nor did I
know their charges were based on his In
formation. "I held one conference with them at
their request, but Senator Penrose
was not present, nor did I ever discuss
the matter with him and them 1 nm
not responsible for what he may have
told them In reference to my possible
action, but I do not believe he ever
made anj such statement as they hav
attributed to him.
"The suggestion that my professional
action would in any way be influenced by
si hat he or an.' uther man may have said
to me Is, of course, preposterously false.
"With regard to the statement that the
first hearing presented by me before the
Taxpayers' Committee fell fiat, I point
nut. In the tr.a instance, that the first six
or eight hearings were not presented by
me, but by Attorney fieneral Rell, al
though I was present and was assisting
him. It is perfectly true that the Tax
payers' Committee did not have complete
evidence, either against Director Clay or
others Involved In lt charges If they
had had such evidence, the arrst would
hp.ve been made long before the Catun
Commission ever knew about it The
whole purpose of presenting testimony
before the f'atl.n Commission was with
the hope of developing other evidence
which would ultimate!) lead to arrests, as
proved to be the cae.
"I desire to add. as I have previously
did, that I had nut the slightest know!
ds of the inumiun of the Catlln Com
mission to adjourn until the event hid
actually happnd. and l was entirely
Ignorant of the fats set forth for the
first time this moni.o in the North
American Jt was never contemplated, t
far aa I know, by an one that I would
present an evidence on bhalf of tha
North American, t-ertjiinlv the suggestion
u nvr made to me. directly or Indi
rectly, and It was. not no intention tu be
present when thireuiiemt was preented.
"Jf thte Bullitt Taxpaera' Committee
had had tbe evidence to substantiate the
charge which the North American made
It would never have rested with merely a
public statement, but would have InsH
tatcd public proceedings."
VARfeS WON'T DISCUSS IT;
"ALL ROT," SAYS Al'NICHOL
Wolf Reticent and Clny Is "Not
Interested in These Things" i
William s V.nre, betrnxed by Penrose,
according to the North American's cdl- !
torlal, smilingly threw up his hands when
questioned about It today In the IlcU .
building nnd Bald- !
Cnn't talk about It; can't talk about It." j
Previously he had declared that he had j
read part of the editorial, nnd that sev- 1
erl persons hid asked him about It. I
"There are lots of funny things hap
pening nowndas." ne added. !
James P. MrNlchol, contractor and '
Stale Senator, who also Is named as n j
vlctom of Ponrrse 0 treachery by the ,
editorial, railed it 'lot."
"It a nil rot." he declared. "So far ns
1 nm concern) it Is not worthy of be- 1
Ing dignified with n rcplj. That Is nil !
T care to say publicly about the state- .
inctit." '
IMwiti It. Vnre nlso refused to ilia- I
cups the nrtlcie. He said that he had
pot read It and would have nothing to '
nay until ho had done so.
I-'ormer State Senator Wolf also was
reticent. Ife said:
"I .ofuse to be drawn Into this discus
sion. 1 have absolutely nothing to snv
It It of no use to question me,"
Joseph II. Mcfnll, president of the
Philadelphia Electric Compnnj, positive
ly refused to talk about the editorial ,
i:-Dlrector of Public Safety Henrj
Clay said: ,
"1 nm out of public life nnd I nm not
Interested in those things. I have noth
ing whatever to sny."
Mr. Clay was seen nt his home at Peas
ley's Point. N. J
Attorney General John ( Hell referred
nil luqiililcs to "the parties Immediate!
concerned In such controversies." He
said that the North American a account
of his connection with the Catlln probe
whs substantially correct.
QUESTIONER REFERRED
TO VAN VALKENBURG
City Editor of North American
Declines to Give More Facts
When James K Benn, city editor of the 1
North American, was asked this morning
to give additional Information ns to dates,
Individuals and particularly the Inter
mediary, who Is snld tc have arranged
for the ilrst meeting between Senator
Penrose and the editors of the North
American, he said.
' Von will have to see Mr Van Vntken
burg nbout nny additional facts "
Van Valkenburg Is the directing editor
of the North American.
Later It was declared by Van Vnlken
buic's secretary that ho had gone to New
York and would not be in the oillce to
day VETERAN SAVES COMRADE
FROM JAIL BY GOING BOND
Old Soldier Accused of Falsifying
Accounts and Embezzlement.
After fir Joseph R. C Ward, a retired
brigadier general in the N. G. P., and
a Civil War veteran, waived a hearing
In the Central station today on the charge
of falsifying accounts and embezzling
txt) of the funds of the Western Terminal
Building and Loan Association, another
veteran, who had .served at the side of
the aged soldier during many an engage
ment, came to his rescue and signed the
ball bond which provenred his comrade
from going to Jail.
Dr. O. J. R. Miller, a dentist. 1760 Frank
ford avenue, who served with distinction
In the 106th Pennsylvania Volunteers
during the war of the Rebellion, signed
the ball bond. The formality of signing
the bond finished, the two old men walk
ed out of the court room arm In arm.
At the hearing before Magistrate Rcn
shaw, Ward's attorney declared his client
was not guilty. He said he was a mem
ber of tho Western Terminal Building
Association himself and there was noth
ing wrong with Ward's books. He de
clared the bank examiner was not satis
fied with the accounts because certain
back dues had not been paid and so
caused Ward's arrest.
ARMY AND NAVY AGREE
ON FIVE-YEAR CONTRACT
Games Played Alternately Here and
in New York.
Army and Xavy men are Jubilant today
oevr the announcement that the game
between West Point and the Middles will
be plaved nt Shlbe Park on November 2t.
Annapolis and West Point have agreed
upon a five years' schedule, the games
to be played alternately here and In
New York.
The schedule and Its arrangements
were acceptable to Secretary Daniels
and to Secretary of War Garrison.
Representatives of both Government In
stitutions and the Philadelphia Army and
Navy Football Committee will meet hero
tomorrow or Wednesday to complete ar
rangements for the game Joseph Ohl,
assistant secretary of the Athletic Rase
bnll Club, confirmed the report that Shibe
Park had been offered to the teams free
of all rental charges. Additional stands
will be built to give greater seating ca
pacity. To pay for the preparation of the field
nnd the cost of the temporarv stands, it
is said, the committee will recommend a
B'lght reduction in the number of seats
to be allotted to each academy and the
withdrawal of the cumomary bonus to
the Army and Navy Relief Societies.
The plan for the sale and distribution
of seats Is the most Important question
to be discussed, but the committee be
llnves n satisfactory arrangement will he
made.
Army and Navy authorities have ex
pi eased their approval of an agreement
to play the game alternately In this city
and New York for five years, beginning
In thla city Tha agreement was brought
about largely through the efforts of the
Philadelphia Army nnd Navy Football
Cf-mmlttee, r.f which E. J Herlet Is
chairman, and Congressmar J. Washing
ton Iogue after hope for the game here
this year had been all but abandoned.
TEXTILE WORKERS WANT
HEADQUARTERS TO BE HERE
Philadelphlans Think New England
Men's Influence Is Too Strong.
Philadelphia delegates to the national
convention of the t'nited Textile Work
ers of America which opened today In
Scranton, will fight to have the national
headquarters of the organization re
moved from Lowell. Mass. to this city
or New York The Philadelphia dele
gates declare the New- England delegates
have too much Influence
The loaal delegation consists of 30 mem
bers, and it Is understood that the radi
cal delegates are opposed to the re-election
uf John Golden, who nas been pres
ident since the establishment of the lo
cal branch of the United Textile Work
ers, on the ground that he Is not pre
greis'.ve. Refore thev left for the convention
word came that the delegates from Mas
sachuetts were opposed to Thomas Rea
gan, national organizer of the United
Textile Workers In Philadelphia, He was
sent here a year ago, .md the Philadel
phia delegates are determined to back
him and prevent hi removal.
DR.
The trial of Mrs. Carman, who
Dr. Carman, at Freeport, N. Y., on
than any murder case in recent years.
MRS. CARMAN, CALM
AND SMILING, FACES
CHARGE OF MURDER
Woman Accused of Killing
Husband's Patient Ar
raigned in Court Appar
ently Confident of Acquit
tal.
MINEOLA, U I., Oct. 19. Before a
crowd that packed tho courtroom, with
scores of people surrounding the build
ing and fighting to be admitted to the
small lnclosure, the trial of Mrs. Flor
ence Conklln Cnrman for the murder of
Mrs. Louise Ualley, on June SO, In the
Carman home, was begun today before
Supreme Court Justice Charles II Kelby
and a Jury in the Mlncola Court House.
The Justice took his seat at 10:10 o'clock,
and a few minutes later the prisoner,
the central flsure In one of the most
celebrated murder cases In the history
of the Statu, entered the room and took
a seat reserved for the counsel table.
Mrs. Carman was gowned plainly but
becomingly in a blue suit, nnd wore a
white shirtwaist and small hat adorned
with a black and white oBtrich plume.
Beyond a slight paleness the woman who
Is accused of murder looked remarkably
well and did not show nny signs of her
long confinement in Jail.
CALM AND SMILING.
Smiling at her cousel, John J. Graham
and G. M. Levy, and her husband. Doctor
Carman, she showed the same remark
able coolness that characterized her dur
ing the Grand Jury inquiry last summer.
She did not appear a big agitated. On
the contrary, she seemed to bo keenly
interested In the court proceedings with
out being worried by them
District Attorney Lewis J. Smith, with
many legal documents under his arm.
elbowed Ida way through the crowd and
took his seat alongside the prisoner's
counsel. Lvlng upon a table close to Mr.
Smlth'h right hand waB tho dictograph
found in the Carman residence a few days
after Mrs. Bailey had been phot to death.
Hefore the lime set for the opening of
the case the court was Jammed. All
seats had been occupied and tho chairs
reserved for the lawyers, newspaper mon
and a few privileged characters admitted
through the courtesy of the Sheriff and
other Inlluential persons of Nassau Coun
ty were taken. The room can only ac
commodate SCJ persons, and those who
had urgent business at the trial were
first permitted to enter. The 1E0 tales
men, from whom are to be selected the 12
jutymen to decide the fate of the pris
oner, filed Into the courtroom and pre
sented themselves to Justice Kelby.
Scores of men and women tried in vain
to get in, but since no spectators except
those having pes signed by Sheriff
Pettlt, were admitted, few outsiders passed
the guards.
No time was lost In disposing of the
trial preliminaries. After the reading of
tho Indictment the first talesman was
called. Among the prospective Jurors are
men in all walks of life. Including far
mers, merchants, lawyers, contractors,
clerical errjployes and many others At
the outset the prosecuting attorney made
it clear he wanted only middle-aged mar
ried men on the Jury, men without
romance and who could not be swayed by
sentiment.
CONFIDENT OF ACQUITTAL.
Doctor Carman expressed utmost con
fidence toda that within a fortnight his
wife would be free to return to their
home. There la the greatest sympathy
for the accused woman on Long Island.
As the case was discussed the opinion
was generally expressed that Mrs. Car
man would be acquitted. Even though
she might be guilty, there were few who
believed 12 men could be found who
would sentence Mrs Carman to the elec
trio chair. She la of one of the best
1
AND MRS. EDWIN CARMAN
is under indictment for the killing of
June 30, will begin today. The case
O
families on Long Island and though past
in ictnlns much of tho beauty that was
hem in earlier years.
Tho bulwark of the woman's de
fense will be built upon her own storv.
Mrs. Carman Is anxious to take tho stand.
She will have the corroboration of her
sister. Mrs. Ida Powell, and Mrs. Piatt
Conklln, her mother. In her statement
that she was lying In her room when
the shot was fired through a window and
Mrs. Bailey was killed.
MAID TO CONTRADICT MISTRESS.
Against her testimony will bo that of
Cella Coleman, a Negro maid, who Is pre
pared to say that Mrs. Carman .passed
through the kitchen, clad 'In n kimono.
Just after she heard the crash of glass
and the shot from the direction of the
physician's ofllcc, nnd that Mrs. Carman
appeared to have something concealed
under her left arm. Frank Farrell, u
tramp, will tell his story of having seen
a woman at the window of Doctor Car
man's office and then of henrlng a shot.
John M. Graham nnd George M. Levy,
attorneys for Mrs. Carman, are confident
of being able to discredit both of these
witnesses for the State. Tho Coleman
girl, they declare, told nn entirely differ
ent story until Influenced by detectives.
It Is the minute bits of circumstantial
evidence that hold Mrs. Carman tightest
nnd make It appear that Doctor Carman
had something to conceal when tho au
thorities wero first Investigating the
crime.
Mrs. Carman has ndmltted she doubted
her husband's faithfulness. She Installed
a dictagraph In his office, with the re
ceiver In her room. There sho ovorheard
the conversations ho carried on with wo
men patients. Mrs. Carman has said she
heard notnlng that did not reassure her,
but the State will allege that when Mrs
llnlley was In the office Mrs. Caiman
heard something that aroused hor to a
fury of Jealousy She rushed downstairs,
they nllege, broke tho window and fired.
DOCTOR CARMAN'S QUEER STORY.
Doctor Carman plnys a peculiar role.
The State does not claim that tho shot
flred was Intended for Mrs. Bailey, but
that It was aimed at the physician. Ho
dodged behind an operating table when
the glass crashed and the bullet struck
his patient. Only a few nights after the
murder Doctor Carman drovo Into Free
port In his automobile with a friend and
told a story of a mystorlous man riding
upon a bicycle and firing at him as he was
passing niong a lonely stretch of toad.
There were no bullet marks on the auto
mobile, nnd witnesses were found who
said they saw the physician's car nnd
heard the shots, but saw no man on a
bicycle. The authorities now believe this
was merely a ruse, suggested to Doctor
Carman by detectives' questions. They
had asked the physician If he had apy
men enemies. The question was put on
the theory that If he had anything to
conceal Doctor Carman might do some
thing that would lead them to believe
Mrs. Ilalley was shot by somo foe outside
the household.
VICTIM'S MOTHER AT TRIAL.
Mrs. Jennie Duryea, mother of the mur
dered woman, and William B. Bailey, her
husband, expect to attend all sessions of
the trial. Their testimony will have to
dq only with tho departure of Mrs.
Bailey from her home to vlalt a friend.
They have said they knew nothing of
her Intention to call at the ofllce of
Doctor Carman. Mrs. Duryea has never
seen Mrs. Carman. She received no mes
sage of condolence either from her or
the doctor upon the untimely death of
her daughter.
"When I see Mrs. Carman; when I
hear her tell her story I will know
whether she Is telling the truth or
whether she killed my daughter," said
Mrs. Duryea today. "I bear no malice.
I do not want Mrs. Carman sent to the
chair. The taking of the life of another
woman will not light the wrong that has
been done, but if she is guilty she should
be punished."
STOVE WOBKEBS ON STRIKE
Forty Employes of Kepler & Fox
Foundry Stop Work.
Forty employes of the Kepler & Fox
Foundry, East York and Thompson
streets, went on strike today. They were
dissatisfied with a new ruling of the
company relative (o the pay system.
Only the workers coming under the new
order stopped work.
The strikers have asked the Central
Labor Union to send a delegation to the
foundry to Intercede tor them,
Mrs. Louise Bailey in the office of
has probably attracted more attention
70,000 COLONIALS BOUND
FOR FRENCH BATTLE FRONT
Atlo.nt.ic Liner Passes Transport Fleet
of Canadian Troops.
NEW YORK, Oct. 19. Confirmation
that a large number of British Colonial
troops re nbout to arrive In England
was brought to thUs port this morning
by the Mlnewaska of the Atlantic Trans
port Line from London.
On Tuesdny nftcrnqon, at 1 o'ejock, the
Mlnnewaska encountered a flotilla of
transports convoyed by seven battle
crulscra nnd ono scout cruiser bound out.
It wns estimated by the officers of tho
MInnewnska that there were fully 70,000
troops on board these transports besides
horseo, which could be seen through tho
glasses from the MInnewnska.
CHAUFFEUR HELD FOR COURT
Not Licensed, He Knocked Down
Two Men, Charge.
William Gllroy. of 114 Faraon street, at
n further hearing before Magistrate
Tracy. In the 15th and Vino stroets sta
tion, today, was held under WOO ball for
court on the charge of assault and bat
tery and operating an automobile without
a license.
It was testified that Gllroy, while driv
ing an automobile on September 2t, at
15th and Filbert streets, ran down and
badly Injured Mortimer S. Thornley. a
clerk In the offices of (he Board of Edu
cation, whose home Is nt 3318 North 9th
street, and William Farrand, Burgess of
Morton, Delaware County. Both men
were sent to the Hahnemann Hospital,
nnd were not able to appear against the
automoblllst until today.
BATTLING WITH TYPHOID
Health Authorities Encouraged by
Situation at Lehigh University.
HARRISBURG, Oct. IB. State health
officials and the local authorities at South
Bethlehem are hopeful of mastering the
typhoid fever situation at Lehigh Uni
versity within the next day or two. The
stern preventive measures which were
ndopted when the outbreak began seem
to be having their effect, as no marked
Increase In the numbor of cases has oc
curred for several days, and the total
number of patients Is less than GO.
The source of the Infection continues
to be a puzzle, however, and the State
and local Inspectors are working day and
night In the effort to locate It.
P. R. R. OFFICIALS IN CAPITAL
Ilea nnd Dixon to Attend Bate Case
Hearings.
Officials of the Pennsylvania Railroad
are In Washington today to attend the
rehearing of tho Eastern rate advance
case, which Is scheduled to come up be.
fore the Interstate Commerce Commis
sion. Those who made the trip are Presi
dent Samuel Ilea, Vice President Oeorge
I). Dixon, In charge of operation; Gen
eral Counsel C. Stuart Patterson, Comp
troller C. M. Runtlng and Executive As
sistant Ivy L. Lee.
TROLLEY INJURES CHILD
Three-year-old Girl Was Seated on
Track.
While seated on the car track in front
Of her home eating candy, 3-year-old
Antonettl Maleppl, of 1819 South 9th street,
was struck by a street car today. The
child was dragged several feet. She was
taken to the Mt. Slnal Hospital, suffering
from numerous bruises.
Mrs Agata Maleppl, the girl's mother,
saw the car coming and was knocked
down In her efforts to save the child.
Two Trainmen Killed in Wreck
GRANGER. Tex., Oct. 19.-Two train
men were killed and six persons Injured
when a Missouri, Kansas and Texas
train was derailed near Bartlett. Tex.,
today.
1
4
O. IV. NORRIS WOULD
FIGHT MOVB TO OUST
Continued from Tare One
directorship In a national bank, bul com
mon sense and law often do not travel
tho same road. Air. Norrls will remain
Director of the Department of Wharves,
Docks nnd Ferries under tho IllankcnburR
administration nnd ho will continue ills
most useful work In that department.
"Tho City Solicitor In his latest state
ment, like the knight eirant, goes up
the hill and down agnln. Ills Iterations
und reiterations cannot deceive anybody,
not even himself."
Attorney General Hell, asked to glvo nn
expression ns tho law gniccr of the Com
monwealth, contented hlmMf with tho
reply that It all was "very Interesting."
City Solicitor Ryan's opinion was given
In response to a rcnucst of a resolution
ndopted by Councils on October IS, to In
form that body as to the' legal right of
Mr. Norrls to hold both ofilccs. Tho bpi
lon was sent to Wllllnm 11. Felton, chief
clerk of Common Councils.
SAYS CONSTITUTION COVERS CASE.
Mr. Ryan Bald that as the position of
director In the Federal 'Reserve Bank was
not a salaried one tho Bullitt bill was no'
violated, nnd he quoted tho section whlc.i
Would deal with the subject as follows:
Article XV of the Act of Juno 1 1S"3:
No person shall hold more than ono office of
j pioflt In nny city department, and no person
shall hold nny office of profit nmler thU rity
o any department theieof nhllo holding nny
other official or representative position of
rroflt In or under the Ooicrnmont of the t'nited
Statoi, of this Commonwealth, or of such
city, except In the' mllllla service of Ibis
Commonwealth,
But the second section of nrtlclo XII
of the Constitution of Pennsylvania fully
covered the case In Mr. Ryan's opinion.
This section reads ns follows:
No member of Congress from this KUIp, nnr
any person lioldlnc or exercising nny office or
appointment of trust or profit under tho t'nlttd
Rtatfs shall, at the samo time, hold or expr
cIfo nny offlco In this Htate to vvlilrh a Kalnry,
fees or perquisites sh.ill lie attached. The Orn
cin ,ABsenhly may hy law declare what of
fices are Incompatible.
"So for ns concerns thn renulrements of
I tho Rullltt bill nlonc' said Mr. Rynn,
' "the Incompatibility of nny olllcc of the
city or nny department thereof, with an
ofilco or position under the Government
. of the United States. Is thus limited, so
! that tho latter must bo a 'position of
prollt ; nnd, therefore, ono holding a posi
tion under the Government of the United
Stntcs which is not a position of prollt
would not violate this net hy continuing
to occupy nn olllco of profit under tho
city government.
"Tho provision of tho Constitution,
however, is different, nnd It extends to
nny office or appointment of trust or
profit tinder the T'nited States, the hold
ing nnd exercising of any olllco or ap
pointment being forbidden to nny one
nt the same time holding or exercising
nny ofilco In this Stnte to which n salary,
fee or perquisites shall he attached. Thin
is followed by tho clause: 'The General
Assembly may by law declare what offices
aro Incompatible.'
"If the latter provision were the con
trolling one, It would be clear that by rea
son of the Bullitt bill nn ofilce or np
polntment under the United States to
which no salary or emolument Is at
tached would not bo Incompatible with a
snlarlcd ofllcc under the jnunlclpal gov
ernment; and such wns held to he tho
law In tho case of Hanover Township
Treasurer, 5 Kulp, 93.
IS A CITY JOB A STATE JOB?
"Tho Supreme Court of Pennsylvania,
however. In Interpreting this section of
the Constitution, adopted a different view
In the case of Do Turk vs. Common
wealth, IK Pa., 152, In which it was held
that, notwithstanding the last sentence of
the constitutional provision, certain Fed
eral and State offices, though not des
ignated In any of the acts of Assembly
declaring Incompatibility of office, never
theless were Incompatible by virtue of
the second section of nrtlcie XII of tho
Constitution, which was regarded by thnt
tribunal as laying down a fixed rule of
law Independent of any statutory enact
ment upon the subject.
"No act of Assembly declares the office
of Director of the Department of
Wharves, Docks and Ferries Incompati
ble with the position of a director of a
Federal Reserve Bank In Class C; never
theless, If the two come within thn
meaning of the first sentence of this sec
tion of the Constitution. It cannot bo
held contemporaneously by tho samo
person.
"That the constitutional provision In
question relates to municipal as well as
State ofilccs follows from the decision of
the Supremo Court of this Stnte in the
cases of Houseman vs. Commonwealth
100 Pa. 23; Richie vs. Philadelphia, 22.1
Pa. 511 and various other decisions. The
office of Director of the Department of
Wharves, Docks and Ferries, therefore
Is 'an offlco In this Stnte to which a
salary, fees or perquisites' are attached
within the constitutional meaning, and
If the position of a class C director of a
Federal Reserve bank Is an office or ap
pointment of trust or profit under the
United States within the sense of the
Constitution, the two positions are In
compatible." CALLS POSITIONS INCOMPATIBLE.
In his summing up of the caso Mr.
Ryan concludes:
"What, then, Is the status nf an In
cumbent of tho office of Director of tho
Department of Wharves. Docks nnd Fer
ries who has accepted nnd Is occupying
such an appointment In a Federal Re
serve bank at the hands of the Federal
Reserve BoardT In the case of DeTurk
vs Commonwealth, already referred to.
the proposition Is stated by the court that
the acceptance of a second Incompatible
office constitutes an Implied resignation
of the first office.
"From this It would appear that th
acceptance of the second of two incom
patible offices amount to a resignation
or abandonment of the first of such
offices, and that, while the title to the
second office Is not affected by the pre
vious occupancy of the first, the latter
that Is to say, the first office Is thereby
vacated.
"I am, therefore, of opinion: First, that
the two offices, or positions In question
arp Incompatible; and, tecond, that the
acceptance nnd occupancy by a Director
of the Department of Wharves, Docks
and Ferries of the appointment or olllco
of a Class C Director In a Federal Re
serve bank Is In, contemplation of law
an election to surrender the municipal
ofilce which he occupied at the time of
such acceptance and occupancy of the
national appointment "
AUSTIN REGRETS DISCUSSION.
Richard I Austin, chairman of the
board of directors of the Federal Re
serve Bank of Philadelphia and Federal
reserve agent, said todav that he re
gretted the discussion regarding the le
gality of Director Norrls holding office
under the city government and as Class
C director of the local reserve bank at
the same time.
"It Is regrettable that anything of this
kind should come up," said Mr Austin
"and I am very sorry I cannot express
an opinion on Mr. Ryan's opinion"
National bank officials would not dls
cuss the opinion of the City Solicitor In
any way. saying that it Is purely a
matter of law All expressed the hope
that the matter would tm ric-i,,.i 1.
was said tha the decision of the City
Solicitor brought up a fine legal point.
WJLLARD ON STAND
ASKS RATE ADVANCE
Continued from Page One
standing obligations which will maturi
and must be met within tho neii
months alone. It was shown In the orlk-lj
mni recom in mis case mat the ruii. j
roads In ofhclal classification territory
only had spent approximately 20fj,ooo,oor)'
per nnnum Upon their properties for 1' !
provements and extensions during th
last 20-vear period; nnd It will be nec.
snry to continue snen expenditures If ,
roads are to malntnln their standard of
service and provide for the growing nM.
VAST FOtlEtGN HOLDINGS,
"Further, ns nearly ns can bo asctr-
talned, thoro aro more than $1,000,OM nm
par value of American rnllroad security, j
held abroad as Investments. Tho demand) I
for cash In Europe, growing out of u,e '
present situation, will doubtless result In i
largo selling of such securities when tha
markets or stock exchanges are again
opened, nnd the possible effect nf si,
selling upon railroad credit nnd relate "
subjects Is causing much concern. '
"With nil this In mind, It will readily I
bo seen that tho nvnllablo supply of
nnd probable demand for new rntntaL
n well ns the liitore.it rates thereon
me matters of great Importance, not only
to tho utllioads, but also to thoso nh 1
depend upon them for transportation."
DECLINE IN DIVIDENDS.
Oeoigc M. Shrlvcr, vice president of the 1
Baltimore nnd Ohio Railroad, followed
Mr. Wlllard on the stnnd. Mr. Shilverli
the chairman of a. Committee of Account
ing Officers, appointed to compile data for
the rnllroads as n whole. Ills figures cov
cred 11 period In .tmir 30, Ml. The figures
Bhowul that tho rnllroads In this territory
paid In 1U14 average dividends of -t,r,s per
cent., but thnt thry fell Miort by ,:oo,000
of onrnlnt; thnt dividend, the dividend be
lug the lowest into paid In ten yeats. Ills
flgutr.s showed that tho year 1511 was the
first year In 13 years In which these rail
roads earned no surplus over dividends
pnliL
The surplus or nmigln after nn average
illvlOt-i'd of 5..1S per cent, of the Pennsyl
v.inln. New- York Central nnd the Haiti
more nnd Ohio In mil wns $161,233, while
In lftl.1 It was $l7.083,ow, nnd had averaged
?R,3.1,neO for M yenis.
Mr. Phriver went' on to show' that all
of tho rnllroads concerned In the petition
for higher rnteH during tho last year had
Invested $219.(100,000 additional In their
properties nnd that their net earnings
were $70,500,000 leys thnn In 1013 Oper
ating levenue In 1911 was $1,375,000,000, a
decrease of $IS,flOO,000 from 1D13, nlthoiish
operating expenses were $22,000,000 larger
than in the pievlous year. While the
business handled in 1914, with the excep
Hon of 1913, was tho largest In 15 yeats,
the net operating income was the smallest
In 10 j ears. Taxes paid Increased $2,900,WO
In 1911.
STATEMENT OF THE P. R. R.
Supplementing tho statements of the
Rnltlmore nnd Ohio officials, tho East
ern railroads supported their contention
for the need of advanced rates upon a
showing of the three principal railroad
.system? In this territory, the Baltimore
and Ohl j, Pennsylvania nnd New York
Central. Samuel Ren. president of the
Pennsylvania, did not nddress tho com
mission, nlthouph the financial statement
of his ronil was ono of the most Interest
ing presented to the body. It declared:
"Since 1003, the Pennsylvania Railroad
syitcm has Invested $312,325,000 in addi
tional railroad facilities, yet In 1911 the
hystem's net Income from onerntlons was
?2,S'.0.3'vS less thnn It was before tho S312,
223,000 had been spent.
"The Pennsylvania system earned last
yent 5.79 per cent, on Its capital obliga
tions of $1,263,3S5,M3. That wns the lowest
lotlo of earplugs to total capital obliga
tion for 15 sears. Tho amount nf mnnev
Invested in the railroad property of the
Pennsylvania, Railroad system is now $1,
4IS.ir",228. On this sum tho system earned
Inst yenr 4.1S per cent., the lowest ratio
In 15 yen is.
"The total property Investment of the
PeniiH.vlvnnla Railroad system exceeds Its
total outstanding capital obligations In
the hands of the public by $181 779.355.
"After paying expenses, Interest on
bonds and dividends, tho Pennsylvania
system had nt tho close of the fiscal year.
1911. a surplus of $10,117,531, and out of a
t.itnl operating revenue of J.K9.923 303 a
surplus of loss than 3 per cent wns car
ried forward out of tho year's earnings.
"This surplus was tho lowest In 15
years, and wns less than one-half of tha
surplus realized In nil but two of the IS
years."
GOVERNMENT HOSTILITY ALLEGED
Morltz Rosenthal, of New York, who
appeared In behalf nf and as a member
of the Investment Bnnkers" Association
of America, said omong other things:
"I nm assured by somo of the best
bond men In tho country that many. If
not most of their clients, now have the
srttleii conviction that Government, both
Federal and State, Is antagonistic to the
railway systems.
"There Is a teal basis for this belief,
There has been for tomo years past a
vliulence of utterance In legislative halls
nnd perhnps 111 other quarteis. a willing-
n-ss to crltlclbd Indiscriminately, to Irn-
puiu motives witliout evidence, to assume
guilt as charged, and to condemn with
out trial, that. In say tho lenst. certainly
evidences hostility. I ,a not think that
this Is a IinrMi criticism, nartlcularh In
view of the fact that the Govrnment has
failed In practlritllv everv one if not
nil nf its great criminal prosecutions in
ttitutul under the anti-trust nets since
UOo. Many laws are enac ted which, If not
bom in hostility, have been passed in In
difference to railroad welfare Suits to
dissolve consolidations and i 'ongresslonal
Investigations, however justmaole In some
instances, have all contributed with un
ceasing fit-quency to the sentiment now
so general, that government Is against the
railwavs.
"To practical bankers the immediate
thing Is not whether this commission be
lieves that jallroart earnings arc suflb lent
to dhow a proper margin of safety over
charges, but whether security purrhases
think so; and that, I contend. Is a proper
factor for the commission to take InM
consideration.
"Whether tho C per cent Increase asked
for will iiroilurt; 111 amount adequate to
accomplish the debited end Is perhaps
doubtful. Rut it will help It Is certain,
bowt'ver, that practice of ecenomv and
efforts toward efficiency are not adequate
Immediate sources of Income 'What
ever else may be done, the main im
portant course must be an increase la
the price of transportation "
WOMAN WIELDS WRENCH
Arrested for Striking Mother ana
Daughter With Weapon.
Fur striking a mothei and daugbtef
with a monkey wiench. the puln-e say.
Mrs. Annie Pcterman, of 729 voodlaa
street, was arrested on the iharse 0
assault and battery. Mrs Peterman, M
U alleged to have served terms in tt
House of Coirectlon for disturbing Mr
neighbors, took exception to the manner
In which the children in the viclnil wr8
plajlng, and assaulted one of tliem
Mrs Mary O'Brien, the mother ut tM
child, remonstrated with -Mrs Peterm"
and was answered bv an attack with t
monkey wrench, now in th posS'Sn
the polite Mrs tl Brien's arm w is l'aJ''
lacerated
Magistiate Pcnnuck held Mrs PetoiaW
under JJ0Q ball for court.
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