Evening public ledger. (Philadelphia [Pa.]) 1914-1942, February 12, 1915, Sports Final, Image 1

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JL All Jl.jLJ
yoii. i no. 130
pbioid otfiu cjrmtf
Coptnionr, 1015, Br trie rcFi.io Lswks Coiirint.
I Sharp Protest Said to Have
i Been With View to Keep
ing United States Out of
Maelstrom of European
Memory of Cause Which Led
. This Country Into Conflict With
Spain Responsible for Tone of
State Department's Notes.
WASHINGTON Fob. 12. It was be
1 ' -I., Anna tint wnnt to he drawn
C cause aiiiui -' . ..-...--- -- -- -----S.
Into Kuropes war malcatrom that sne
H'sent her protest noma iu jub"u
I T. . ..... innlt nrimUfllnn tVilfl nftrr-
i nis wu i .... ....... .--.-.. ...
v noon by Government officials. Tho warn-
'Inn were mauo ui " ", ",v
t '"? . . ... ....lUInn nP (hn Mnlnn rllH.
if mter, which plunged this nation Into war
Rl ... n I
&' Willi Dpui". , ,
p. Destruction of an American vessel.
: under mlsapprencnsipn cauneu uy inn&
Is llsh misuse of the Stars and Stripes, of-
flclals fearea, wouia juuvimuir nu,. .
United States Into the struggle abroad.
', .To ayold this, sho put "teeth" Into the
.. wnvntn tr , Yir nn.nlv flprlnrtntr that
E, Oermany will bo held atrlctly accountable
ior any norm 10 ivinuntuH luhi;h,c w
' misapprehension through constant misuse
BEt Of the uniiea aiuiea us, iuimii. "J
Swains her, In effect., that repeated dls-
Efplay Qt the nag nDove a jiriiion mw
K oversteps well-established rights.
Persons wno cany luuay. caihu.-ioku ou.
irlse at what they considered the "kick"
in' United States protests believed In
. j..nA Ihn. n(tli,.r thn Tintn In the flOR
k. jnlsuse ,cas,e nor that on tho war zone
op situation .wouiu uuvu uiu.u utuu w
f 1 teeth.. ,Thcy awoke to learn that each
j' hod full-trr'own wisdom teeth.
I Additional statements by tho German
lt Admiralty "explaining" the war zone
. order fall to change the complexion of
KM ..... ' ....j' lx..
BK ; the 'situation, ttqpons are receivea trim
Et CJerrfiahy has Issued orders "that neutral
HEN .ii ,:- .. . . t .... i .itu-iJL
EiRiJJ'Onail 'nor -ux iiit.cri.vrvu mvn- itf
&-"tfaband. bUt that oyery British ship.
m wnetner a war 'vessel or u- inercnuiiiinun,
W. wjll be, Unconditionally sent 'to the bot-
Utri of .the sea.
The point that "neutral ships might
accidentally be destroyed" is still not
covered, and It appears that the Ameri
can note Includes even this kind of "In
terference." U na vuiicu iu mo ncil-cniuuiiaiicu pi Hi-
r'clple that, belligerents have only the right
p 1U viflli 111IU BCtll VII IIVUUU1 citiiyp, ualvii
Bi l.i.M - ,!. llnl.A.. .l.n1.- In am.
ii- "licil (ill uii-wsiib uiuuivauu in c."
wA tablfahed. The war zone, however, this
X?4 .n nll.nlf .(i&aI..' n.. TYntfnrf Q.n.oa ilaa.
C tels would bo considered "unprecedented."
oorno aumoriiies acciarcu imu luis noio
Concluded on "Vnitv Four
,8'ome holidays are merely days off. Or,
Bore accurately, most of them are. But
i opes (n a while one hops along that has a
real significance. It is hard not to think
of Lincoln today, for Instance. .One of
thq beat yarns told of him has a rather
tlmt!y moral. One time, In his boyhood
,.dayj, when hla rangy appearance, was
'the subtest nf annri.nAtureil testlnsr bv a.
EtToup of acnualntances, Lincoln was
jfctiked lust bow long he thought a man's
if wis. enoum De, uia reply was cnarac
ESrltlc, "Long enough, to reach from
svnre tney negin to the noor.-' Ana
tttote member; of tho c?mmunlty who
lie to remark on the Irony of two holl
P.ayi In the shortest month of the year
IBy think It over, February, hs. we take
.,lt. fills all necessary requirements. It
Ereaehes from the beginning to the end.
Ifben. too. It has a subtle virtue-for a
ItertaJn group of us'.
fowj mean those paid by the month)
1 riUttSUABT
Fir Philadelphia and vMnltu
ftlqu'ttled tonight and Saturday, vnth
iprsbably light rain this afternoon or
IJfWAi, not; much change tn temper-
jJrfKrs; moderate westerly winds:
rTor details, see page !,
Bf Observat;iona at Philadelphia
WL B A. M,
IJl!?4 ...SouthWMt. 13mlls
Lte&f ' '"' '4 'i,''uVW ; ::v. . None"
iaulaima teroperstvir ..,. ,,
Almanao of the H&r
Msi--- 'USaa
msp- ..-- Hwuimn ..a. ......, via mau
Xamna to Ba Uclitpd
fo aad other vrblelea BUSv.m,
The ( Tide's
laS,-'AirAoraorr'w '" !!' i
imu vutr tomorrow ., 7:51 . m.
M , , OISp. to,
K wjUt tomrro .,., . m,
v h nuuorrofir. ............ . iv.iw . w.
YS,t Ta1 n. ixt.
,t tomorrow-' ,..,....-.,. tBrJa.
Cargo Otvnera Need Further Tlmo In
Prize Court Proceedlnrjs.
WASHINGTON, Feb. tt-Antfiassador
Tage, nt London, today was Instructed
by tho State Department to ask the Dr.lt
Ish Foreign Office to delay foi' a short
period the placing b ,tho case of tho
cargo of tho American steamer W'llliel-mlna-ln
a prize court for adjudication, in
order that tho owners of the cargo may
haye further time in which to make out
their case.
Austrians Force1 Slav Re
treat in Stryj Valley
Petrograd Admits Retire
meht in East Prussia.
Vienna reportrj this afternoon that
Austrian troops operating in tho Stryj
Valley havo broken the Russian linos'
In Gallcla north of tho Carpathians and
that Russian assaults, delivered heav
ily In bukla Pass, havo been completely
Gorman reinforcements rushed Into
East Rrussla over tho great system of
military railways have compelled tho
Russians south of the Mazur Lakes
to retire toward tho Poland frontier.
Admitted retreat here Petrograd ex
plains as duo to reason of reorganiz
ing 'this front on favorablo -territory.
Repulse of heavy Austro-German at
tacks In tho Carpathians is reported to
day by Potrograd. Ground was held
at Mezo-Laborez, south of Lupkow
Pass, and nt a point cast of Uszok
Pass. A German offensive was halted
at tho heights of Kozlouwka, near the
Tukholka Pass, and the heights of
Rabbo -.vero seized, cast of Lupkow
Cernowltz and a zone IS miles south
are still occupied by tho Czar, though
tho Atistrlnn.8'' march on the Bukowlna
capital has passed Suczawa.
ThoiGwnajcanipj.Jgn.Ir Plang.as;
ended, the Paris War Ofheo declares
in' an official communique dealing with
tho East. .An official estimate places
tho Germamlosses In the recent plunges
at "Warsaw at 40,000.
Heavy fighting has been resumed In
the region of La Bolsselle, northeast of
Albert, where German sappers suc
ceeded In blowing up a section of the
French trenches'. Tho defenders, how
ever, maintained their positions, ac
cording to tho official statement of tho
Paris "War Office. In tho neighborhood
of Rhelms and also at Solssons the
artillery duels are Increasing In vio
lence. Tho resumption .of the French offen
sive In tho Vosges and in Upper Alsace
Is announced. French artillery has1
successfully bombarded the German
lines at Thlancourt and Arnaville.
Force Retirement in Stryj Region
and at Dukla.
VIENNA, Feb. 12.
Austrian troops havo succeeded In
breaking through the Russian Carpathian
front in the region of Stryj in Gallcla
and forced the Czar's troops to retire, it
was officially announced today. The
statement says:
''Austro-Hungarlan troops operating In
tho Stryj region .have "succeeded In break
ing through the Russian front and forced
the Russians to retire to Shole,"
The Austrians, Intrenched In positions
In the region of Dukla Pass)- have
checked all Russian attacks, the state
mei.t adds.
40,000 Ioas Before Warsaw "Worse
Carnage of War,
PARIS, Feb. 12.
German attacks In Poland appear to be
completely checked and Kaiser's forces
have lost 40,000 men In killed alone, ac
cording to a supplementary statement
dealing with the war In the eastern
theatre, Issued by the War Office this
The" reason, for the failure of the Ger
man attacks are the severe cold, it being
seven or eight degrees below zero, and
the Inability of the Germans to attack
except In denBe formation.
Trench Also Iiose Trenches North
j west of Verdun.
RERUN, Feb. IS. An infantry attack
by the French near Sousln was repulsed
by the Germans, Bays an official state
ment Issued here thJa afternoon. The
statement say that numerous, artillery
duel occurred along the front in the
western theatre of -war, but that aKho"
the French wasted a lot of ammunition
they failed to gain any suoceases. French
trenches were captured near Verdun.
In the eastern theatre o war. In Bast
Prusela the Russians were forced to give
up 'their positions rapidly. The, Oer.
tJw,s have taken S6.000 prisoner and W
guns, the statement adds.
Veterans Converted When
Sunday Begs Them to
Serve God as They Did
Their Country.
Hoary-headed veterans with service
medals on their breasts hurried down the
aisles In tho "Hilly" Sunday tabernacle
this afternoon to nrnsp the hand of the
evangelist nnd enllet In tho army of the
Lord, They were members Of n delega
tion of moro than 4500 Grand Army men
who occupied a reservation In the front
of the building.
There were 203 "trail hitters" In nil,
nnd moro thnn half of them wore uni
forms of blue, Tlmo nnd again during
"Billy's" Bermon the aged men and
wives and relatives loudly applauded him
as ho foutiht a great fight with the devil.
Tho subject of his sermon Was "The
Plnn for Salvation," but the evangelist
deviated frequently from his set address
and fired tho martial spirit of the men
who had saved the Union by praising
highly their self-sacrifice on tho battlo
fleld. "Billy" was preaching on the lovo of
God for tho world when Ho sent His
Son Intb tho world that everybody might
have everlasting life. Sunday compared
the lovo of a soldier for his country to
the lovo n man should havo for his God.
Ho took those aged men back moro
than 60 years to the days when they
fought nt Gettysburg, Appotamox, Rich
mond. Shlloh nnd the Wilderness. Ho
painted for them a plcturo of those days
of suffering when mothers cried when
husbands and sons rrinrched forth, novor
to return. He brought back to them fond
memories of the old camp grounds and
pictured the beat of the drums, tho shrill
music of tho fifes and the solemn "taps"
which sounded over tho graves of com
rades. Mr, Sunday called John Wnnamakcr to
tho front of the platform nnd asked him
to say a few words to the veterans and
offer a prayer. Tho merchant whispered
to "Billy," and then, after several sec
onds, tho evangelist put his arm about
Mr. Wanamakcr's shoulder. Tho Bcene
started loud applause among the veter-
Concluded on Page Six
Golden Stream Pours Into
Headquarters of Emer
gency Aid as Lincoln's
Birthday Tribute.
We're coming, Father Abraham,
A hundred thousand strong.
Tho peoplo of .the. City of Brotherly
love are rushing .today to tho rescue of
the thousands of poor, needy and unem
ployed of Philadelphia to the tuno of this
famous marching song, under tho strains
of which the. people of the North rushed
to tho rescue of the Union and the eman
cipation of the slaves in '61. They are
coming by thd hundreds to tho headquar
ters' of the Emergency Aid Committee in
tho Lincoln Building to' place their con
tributions upon the altar of charity.
(35,149 was the sum contributed by 4
o'clock this afternoon, with hundreds
of letters containing' contributions still
unopened and throngs waiting' ioutside
to deposit their .share.
Twenty-nine hundred dollars was col
lected through tho shute outside of the
headquarters alone.
More than 2500 letters containing money
and checks received indicate fairly well
how big and fine and generous the. hearts
of the people are on this Self-Sacrifice
This Lincoln birthday Is Self-sacrifice
Day. Today the people of Philadelphia,
In the name qt Lincoln, .the man who
said that "God must haveMoyed the com
mon people He made so many of them,"
come to the rescue of thousands of these
common people, who, through no fault of
their own, are In distress because they
cannot find work. ....
The entire city is roused to the por
tentous meaning of unemployment as a
social disease which must be combated
by the concerted effort and self-sacrifice
of the entire people. How fine the spirit
of self-sacrifice reigns today In Philadel
phia Is shown by the hurried activity In
the office of the Emergency Aid Com-
If the response throughout the day shall
be as .active, and generous as t proVed In
the first few hours after 8 o'clock this
morning there Is no. Jar on .t,he part
of the committee that the JtOO.OOO which It
asked, trie people of Philadelphia to con-
Contlnurd on rata Two
Vainly Attempts to Extinguish,
Flames Witfe Blankets,
Miss Martha SIcPVnald,. 93 years old,
today was burned to' death at her home,
4501 KlnRsesslng avenue, when her cloth
ing caught fire from a small oil stove.
The aged woman wrapped herseir in
i!.nb,t in an attempt to extinguish the
flames, which quickly ate Into her cloth
ing'. Before hef niece, wno was in an
other part of the house, could rush to her
aid she was dead.
The agonized cries Of the woman at
tracted the attention ot neighbors, who
telephoned for the- firemen;
live KlUed-hy Explosion
ominvimrw RaiAn. Feb. ll-rFlva
person wers MJ ffM PropsrtY
destroyed fente5jon 1& an ammal.
twn newgr euwsue.yiwMw, rf
mm JrtJlm' y
wkJW mil w.
ftPr v '
John de Sparee, shown in the picture, got third place in the Penn-Com-bined
Prep. School Indoor Athletic meet, held this afternoon in Episcopal
Academy's gymnasium. Hoot, of Friend's Central, won the event with
Dougherty of Penn second.
Crane, of Iwd nnd Blue, Wins 20
Yard Dash.
Flye 'hents were necessary to decldo
the winner of the 20-yard dnsh event In
of Pennsylvania freshmen .and
the combined tenmd of tho local prepara
tory .schools this afternoon. The meet
was held In tho gymnasium of the Episco
pal Academy.
The sumarlcs fpllow:
20-yard dash First heat: Won by
Crane, Penn Fresh. Time 2 4-5 seconds.
Second heat Won by Honbesschmann,
Penn Fresh. Time 3 Bcconds.
Third heat Won by Gill, Penn Fresh.
Time 2 4-6 seconds.
Fourth heat Won by Hohlfeld, Penn
Fresh. Time 3 1-5 seconds.
Final heat Won by Crane, Penn Fresh;
second, Gill, Penn Frwh:" third, Hohlfold,
Penn rcsh! fourth,. Hcnbesschmann, Penn
Fresh. Time 2 3-5 seconds.
.Shot put Won by Hoot, Friends' Cen
tral: second, Dougherty, Penn Fresh;
third, Phelan, Penn Fresh; fourth, Des
p'arre, De Lancey. Distance 12 feet 3
Half-mile run Won by Harsreaves. Penn
frvsh: accord, tie botween Sanderson, Epja
copal, and Carroa. Haverford School; fourth,
llarncr. Bplicopal, Time, 'i mlnutea IS 1-5
eccrinds ,
High jump Tie between Crane, Penn Fresh,
and Thltraulti Penn Fresh; third. Hopkins.
Penn Fresh f fourth, tie between White and
Wentz, both of Penn Fresh. Height, 5 ft.
10 Ins.
The Red and Blue first year men won the
meet by the .score of 01 to 10W.
Sparklers Dazzle All Beholders as
Brady Steps From Train.
A corpulent gentleman of ambitious
proportions blew into Broad Street Sta
tion from Now York' this morning. He
looked familiar. That la to say, he
might, have looked familiar had any ono
been able' to maintain n glance on him
for two consecutive minutes. But, no!
As he descended from the train ,tho por
ter fell back, blinded by the glare which
Irradiated from his person. Tho station
officials, ' as he made his way down the.
trainshed, shielded their eyes to protect
them from the scinttliant rays which
shot out 'from the newcomer In all di
rections. Tho taxlcab driver, to whom he
gave tho address of a Chestnut street
business man, was afflicted with instant
myopia at the sight of him, but the cus
tomer looked good. Hs was good, at
taxlcab drivers know it.
. For l was "Diamond" Jim .Brady, come
to town to sell a few steel rails.
A sparkler the size of ap inflated bean
screamed from his. cravat. -Arc lights
hung from. Jjls watch chalni. Huge. car
buncles gleamed., from his fingers. And
on his legs he yore diamond garters.
When he drew forth' a pencil to figure out
the post of the few steel rails, even the
conservative Philadelphia business man
was Impressed. The pencil was lncrusted
with the'precloua gems.
"That's nothing," said Jim, carelessly,
"that's nothing to what I could show you.
I've got two millions Invested In these,"
Brady stayed two hours. Before his
departure he Inquired anxiously as to
what Philadelphia had to offer In the way
of Iqbsters-the edible kind and . TerP
slchorcu.il trotterles. On being told, he
said It equuded good tp him, and men
tioned a return visit next week,
CHICAGO. Feb. IS A spectacular fire
today destroyed the old Academy of Mu
sic, one of Chicago's most noted land
marks, in South' Halsted street near Madi
son. The Are started In a shoe store
next door, Damage will amount to more
than 1100,000.
Captain O'Connor, of Engine Company
No. 11, was badly Injured and a dozen
firemen narrowly escaped death when, the
roof fell aa they stood on the stage.
Jack McNlehol, years old. I51f South
43th street, was, run over and badly In
jured by an ash cart, at Paschal ave
nue and 45th street, late, tljls afternoon,
The boy waa taken, to the University
Hoapjtal- Physicians sy hU condition
Event Marked by Raising of
Funds for Poor, Banquets,
Exercises and Exchange of
This is the 106th anniversary of the
birth of Abraham Lincoln, and Philadel
phia is marking the event by raising
funds for tho sick and Jobless, by ban
quets, patriotic exercises and by exchang
ing flags with tho city of Topeka, Kan.
"Self-Sacrifice Day," Instituted by the
Emergency Aid Committee, is being re
sponded to liberally. Letters with contri
butions are pouring Into the committee's
headquarters from overy part of tho city.
President Wilson participated In the
ceremo lies marking the exchange of flags
between this city and Topeka.
At 3 o'clock from his library in the
White House, the Nation's Chief Execu
tive sent forth messages to the two cities.
On receipt of these the flags were un
furled in the two cities.
Mayor Blankcnburg officiated at the
exercises in Independence. Hall. The flag
of the State of Kansas was unfurled
In tho presence of Civil War veterans.
Mrs. George J. Guernsey, State Regent
of the Kansas Daughters of the Revolu
tion, acted similarly for KntiBaa In tho
city hall In Topeka. She unfurled tho flag
of the city of Philadelphia.
Mayor Blankcnburg, in his address,
pointed out the progress that has been
made by the Republic since Kansas was
admitted to the Union, when there were
Continued on Page Two
Obtain Sheepskins They Were Pre
vented by Illness From Taking;
East June.
Thirty-four students affiliated with the
class of 1914 of the University of Penn
sylvania, who were unable to receive their
sheepskin last summer owing to Illness
received their diplomas today at com
mencement exercises in the auditorium in
Houston Hall.
Provost Edgar F. Smith presided, as
sisted by Vice Provost Pennman, and
deans of the various departtpyjjs- and
members of all fne, faculties 'were' also
present. The exercises, began at "4115 and
were of the, same nature as the customary
commencement held for the students at
tho end of the class year.
i "
Outrage Attended by Threat Against
County Judge,
BOWLING GRBBN. Ky Feb. y.-Much
excitement was caused here "today by the
destruction of the costly bridge over Bar
ren River and the posting of a threat
to kill County Judge Denhard. The work.
is believed to have been done by the
same gang that sent Switches and a
threatening note tq Judge Denhard re
cently threatening death If he prosecuted
two men accused of robbery.
Firemen found that the bridge had been
saturated with coal oil.
U"-'1" ' iii mn BUSH j
Shock Was Slight and No Damage
PANAMA. Feb. ltA slight earthquake
tk was felt In the Canal Zona today.
a canal was not damasfd
West Philadelphia High School,.. 8 15 . 23
Haverford School 12 15 27
West Phila. High, 2d , 19 15 34,
Haverford School, 2d 12 20 3$
Lansdowne High School ,: ' 18 5 23
De Lancey School .'.... . li 8 19
School of Pedagogy 13 19 32
Philadelphia Trade School .... 5 2 7
School of Pedagogy, 2d ' 7 7 14
Philadelphia Trade, 2d 3 , 7 q
Bryn Athyn Academy 32 2$ 56
Abington High School .-...'... 5 13 8
Jenkintown High School 14 26 40
Germantown Friends' School 18 H 29
Friends' Select 18 4 22
Moorestown Academy 1 10 Ml
Combined Prep Schools 16.Vfe
Penn Freshmen - 61
West Phila. High (non-letter men) 59
Lower Merion (non-letter men) ... 13
I object most strenuously as an
Individual Councllrnan afjalnst be
ing driven Into a corner and being
shot at like a rat. v
I want to object most, vigorously
against tho efforts of my opponents
to fasten tho causo of delay upon
It Is the people's job.
(sotto voce):
Connelly is a good winner, but a
bad loser.
A delay of two years will not
make a particle of difference.
McNICHOL (waggishly after Di
rector Taylor has answered So
ger's objections that he had not
phoned him by saying ho had
mado 16 calls to Seger's office In
three days):
Perhaps they didn't answer their
telephone because' the Evening
Ledger published their phone num
bers. .
Even my wife was asked, to oome
here and fight me by Director Tay
lor. If you don't think you oan trust
tho city you should appoint a com
mission and have us all put in the
Insane asylum.
-BY DAVID H.'LA'NErtrsictiim oom-
pany stookholder, addressing Di
rector Taylor:
This public sentiment reflects
your sentiment and the three
tailors of Tooley street. An ac
tion for perjury would bo consistent
when your statements are consld-
ered' ... .
Hero we have a wonderful magi
clan who can carry us all over tho
city for five cents. It Is a dream.
Referring to the public sentimont
back of the Taylor transit plans and
shaking his fists at Director Taylor:
Senate Committee on Contingent Ex
penses Withholds Assent.
WASHINGTON, Feb. J2. The Senate
Contingent Expenses Committee decided
today to allow no funds at this Congress
to investigate Illinois and Pennsylvania
senatorial campaign expenses.
The committee considered that the
Senate had no right to spend money in
vestigating a problem which had not been
presented to it.
Until Senator Penrose attempts to take
hlo seat after March i, or In the term
from which the last election was held, It
was declared nothing could be done.
West Philadelphia Cattle Pens Now
Under Complete Quarantine.
Complete quarantine waB prdered for
the West Philadelphia Stockyards today
by Dr. Charles ShaufUr, of tho United
States Bureau of Animal Industry.
A new outbreak of the dread foot and
mouth disease among a consignment of
cattle recently Bhlpped from Pittsburgh
was the cause assigned.
Tha yards have been under a partial
quarantine for some weeks, but new de
velopments this morning forced tne au
thorities to make the quarantine absolute.
Battleship Will Be Out of Service
Whole Year During Kepalrs.
WASHINGTON. Feb. 11 The battle
ship North Dakota will be out of com
mission one year, as repairs costing 500,
000 will be necessary as a result of an
accident to her propelling machinery dur
ing the Guantanamo maneuvers, Secre
tary of the Navy Daniels announced to
day. Under the orders to return to her home
jard yesterday for a thorough overhaul
ing, the battleship today was j-eported
proceeding slowly up the Virginia coast
She will reaoh forfolk tomorrow.
, , ! 1 L .1 III
-r. ''' "
Newspaper Han Succumbs to Illness
in Berlin
WASHINGTON, Feb. l?Wamas Oreel
inan, toe well-known,, Amerlesn journal
ist, died this morning In Berlin, accords
Ins to a cable message from Ambassador
Gerard received at tho State Department
late today.
Gerard's message reads:
"Jamea Creelman died this morning. I
advised wife not to come here. Notify
New Vork Amerlesn, Cable wishes about
(Signal) "08R,ABJX"
GivesxOpinion ThatPersonal
Property Valuation Can
be Basis for Increased Bor
rowing Capacity.
John P. Conneltv today defined his
position on rapid transit as follows:
"I am In favor of tho special elcc
flou at the earliest possible moment
If it can be conveniently worked
"I am in favor c a loan for ron-.
sit purposes.
"I amjnot in favor of the loati 6)
ing used at this time for a delvaru
loop, but am, (n favor of tha loan
beinv'itscdfor t7irirbt'dir6"fiTir'oar
street from League Island fd Olnetf
avenue, at the same ttma providing
for taking care of the necessary
transit development for the, people
of the northeast and northwest ferv
rltorg of our cltv; and this iooi'k
should be first."
John G. Johnson'gave an opinion today
declaring It Inwful procedure for DJf?ctor
Taylor to use the assessed valuation it
personal property In, Phila
delphia as a basis for In.
creased borrowing capacity
to finance the,' ,real rapid
transit system. ,
Mr. Johnson's opinion' an
swers Senator SfcNlchol's
challenge to Director Taylor at H19 Sen
ate Legislative Committee's hearing yes
terday. The Senator threatened to carry
the question to the Supronie Court of
Pennsylvania. Tho courts, Mr. Johnson
says, havo decided this question, and he
considers it "finally settled that' the as
sessed valuation of personal' property
does form part, of the bnslj) of the- b'or
rowing capacity of a county' or city' co
termlnous with the county."
Senator McNichol'a argument at the
hearing -yesterday that the present per
sonal property tax act might prove un
constitutional' when tested nnd that
therefore even the J6,O00,000 appropri
ation for tho beginning of tha work
might be impossible was answered by
Director Norrls, who. quoted a Supreme
Court decision written by Justice Brown,
declaring the' act constitutional and "wise
legislation." Senator McNlehol suggested
that Director Taylor take the question
up with John G. Johnson.
Immediately after the hearing ad
journed yesterday, Director Taylor pro
ceeded to tho ofheeof John G. Johnson,
In the Land Title Building, where he
placed the question of the validity of the
act before Mr, Johnson.
Mr, Johnson's opinion follows:
"My opinion has been asked as. to
whether what is said In Mcqulre vs.
Philadelphia, 215 Pa. 310. is Justification
for a county (or city of Philadelphia lit
eluding, as a basis of Its borrowlu?
capacity, the, last assessed valuation of
personal property therein, or whether
what Is there said Is merely an obiter
dictum of the Justice Who delivered the
opinion of the Court.
"The answer to this question is beat
made by quoting what Is there said by the
present Chief Justice;
" 'As the defendants aver In their answer
that tho city had a largely increased bori
rowing capacity based upon the Jn$t pn
sessed valuation of personal property, we
deem it proper tq pass upon that question,
Contlnufd en Vtise Tt
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