DESTROYER HIT BY SUBMARINE; 5 ARE INJURED Vessel Is First American Naval Craft to Be Damaged WAS ON PATROL DUT HAVANA, Oct. 18. Reports from the British Admiralty Indicating the Intention of Germany to attempt a submarine blockade of the coast of Cuba have been received with the liveliest curiosity here. The mill ury and naval authorities of Cuba ire convinced that if the nttempt is made it will result in failure. WASHINGTON'. Oct. 18. A German .ufcmarlno torpedoed mi American destroyer iuuhi , nnn nil Tuesday. i enpairui , wounded. The destroyer mnnaged to mako port in mite of sovcro damage. The man Wed wan Osmond Kelly In tnm gunner's mate. Ho wan blown over board by tlio explosion mid Ills body was Jot recovered Ingram's mother. Sirs. Betty Ingram. Ihes at Pratt City, Ala. Tho wounded wcro not seriously hurt. Th.v aro Herman II. I'anlsrntz, gunner's Mtc St Louis; William U Jlcrrltt. sea San New York city, frank V. Kruse. Jreman Toledo. Patrick Itutledge. oiler. Sew York city, mid William ffelmer. lire man. Dundns. Minn. Vice Admiral Sims cabled a brief report nf tho Incident to the Navy Department lato vesterday. Ho gave few details, but It Is issirtned thero was no fight and that tho U-boat inado good her escape after launch ing a torpedo without showing herself. n'amu or vi:ssi:ri wmmrxi) In accordance with tho policy of scctcey concerning American naval operations, tho department did not dlvulgo the namo of tho destroyer or tho exact nlaco of the en counter This Is the first time an American war ship has been hit by the enemy since tho Tar began. Destroyers convoying troops nd merchantmen liavo engaged submarines and aro believed to have uccounted for somo ef them, and tho ships patrolling the Eu ropean shipping lanes undoubtedly had n.ado many an encounter of which nothing has been heard . but until Tuesday nono had been touched by a hostile, shot. Naval gun crows on armed American merchantmen liae not been to foitunate. Many of them hao had to abandon their charges and take to the boats, usually after in unwarned torpedo attack, and one ofllcer and thirteen men hao lost their lives, wlillo four men now me In German prison camps. In all, tin nny has lost ono otllcer and llitcen men the only men of Anietlci's (Silting force actually killed In action. Lieutenant f'larcnco P. Thomas, com manding the gun ciew of the tank stcam ihlp Vacuum, and four of his men were tho first of the n.i s casualty list. In addi tion to Hie men loxt on merchantmen and Gunners Mate Ingram, two naval flyers kave Ion their lives ut the French front. Xaval ollkeis do not doubt mat mo torpedoed destioyei was taken unawatei ly the submarine and had no chance to bring her guns Into play. They think It Vrobable ih.it the V-bo.it, cruising In starch ef merchant M Umi, stumbled upon the patrolling dounyer and was fortunate enough to get Into position to launch a torpedo and dio to safety without ever ihowlng more than tier periscope. General Perilling advised Urn War De partment vextcrday hat First Lieutenant A. Uraham, mtdlc.il ollleer. United States He wn e corii. attiuhed to the Urlllsh forces. lias been severely wounded In tho thighs by gunshot General Pershing's report was without details Lieutenant Graham's next of kin Is Mr William .1. Graham, 133 I'ajk avc t.ue. Patef-uii, N. .1. if Lieutenant Giaham was shot while serving ji tlie ft out. as Is assumed hero, he as the Hist nieiican of tho expeditionary forces to bo wounded on the firing line Ono American otllcer w is' killed and several en listed men of tho inedlC.il department weio Trounded In tie recent bombing of a hos pital behind the fiont. They also were at tached to the Blitisli foices. RUSSIA'S BOURGEOIS GET SEATS IN COUNCIL ,Will Have 167 Representatives to 388 Alloted Democratic Organizations PIVrilOGKAD, Oct. IS Tho Grand Preliminary Council of tho Russian republic, which is scheduled to con vene Saturday, will contain C55 members, It as announced today by tho semiofficial rews agency Of these 388 scats will bo (riven to democratic organizations and 107 to representatives of the bourgeois. This new body had Its origin in the last lehocratlc conference, which adopted u resolution to create a parliament for the control of tho provisional Government The original plan lo havo only lepre Mntatlon from tho oxtrcmo democratic ele ment was onnoscd bv the Government on the ground that tlie whole nation would not Una bo represented. But a. solution was found at tho secret conferences in tlie Winter Palace, when It was agreed to re form the cabinet and to givo the bourgeois (owning class) representation In tho council. under the Winter Falaco agreement tno bourgeois will be represented, but tho revo lutionary democracy clement will havo a majority of tho scats. According to tho announcement of tho Semiofficial agency, "tho most distinguished statesmen of all factions will bo brought totethcr for the deliberations when the council meets." It continues: Tho belief l firm tn nnvpinnlMil elrelew that the Inauguration of tho council will Put tin end to the diversified authority for rly vested In diffetent councils affiliated Jim tho General Council of Workmen's and i, irping tho grand pound! havo ulready. been "" up uy u special committee. Tho coun niII elect Ha president and will havo tho "i to tuteipellato the provisional Govcrn- "ifllt AH nuehllon.s thus nut must li nn- fH,!rr1 wlthl" "vo days after tho Interpclla "on is nut " CITY TRUSTS' MEMBERS VISIT GIRARD PROPERTIES i Phidclphiant Inspect Shppandouh Site oi Proposed Hospital and Other Locations POTTHVUr T li r, '' .. l6.,V"'Ui""- i""... vtV .--i'-oriner rVrtci V """ " siuart. j. Jlazleton Itf niYiV1" - Ile11 un1 A"red Moore, all VVl I'llllllllfcl,.),!,. M.mK.H n .... T1.T- - Vtol t7"i?u of Philadelphia; todiy aro visit ' . f. '" Qlrard Estate iironcrtlm In thL n,i "lo nine counties. V""" "" ,It.vS?dc the Placet! visited was Clrard FSSS d !te for hospital which Is con- 'WnM . c,cc,e(I U'w Another tttar -I'miNJH m nccoeu. noiwiinsrauuing LT"V he erelt fita(e iroKDltnl lit Vouiitnln gVtJts Atuto Hospital ttt Coaldale and '"MltUleiVlosnltill. of this eitvJirB In Removal of Steps, Areas, Etc., Beyond Building Line lo Be Postponed FINANCES DISCUSSED Because of tho cost of "cleaning up" Walnut street, between Seventh nnd Sev enteenth street, Mayor fc'mltn this nftcr noon vetoed a bill calling for tho removal of nil steps or sloops, stands or booths, fences nnd cellar doors, extending beyond tho building lino nbovo the sidewalk level. Tho bill was fathered by tho Walnut Street lluslness Association and Its passngo through Potinclls two weeks ago was hailed with rejoicing. Tho Mayor In giving bis reasons for the veto sajs: "Tho Department of Public Works Informs mo that the estimated cost of removing nuisances would bo about $200,000 nnd tho City Solicitor advises me that this would bo ptoperly chargeablo against tho borrowing capacity of the city. You villi, I believe, agree with inn flint n i inadvisable to add to tho city's debt except by dcllnito loan ordinances. ro.wsinnn finances Financial measures before Pounclls today Included n report of a temporary loan bill the amount to bo filled In later by tho Finance Pommlttee, a transfer bill caring for Immediate needs for depicted Items nnd u iiumucr oc measures involving small amounts of money. With n grand total of about $2E0O avail able for general appropriation until tho end of tho jear, Pouncllmcn will routine, themselves to "shifting" funds already np proprlatcd. Pressing needs Includo monev for tho mothers' pension bill, salary Item's In the Department of Public Work.s and a number of supply Items. Financial bills Introduced by Joseph P. Gaffnoy. chairman of Pounclls' Finance Pommlttee. appropriate 5O.0S0 for tho Municipal Court, $10,000 for burial ex penses of persons In the military nr naval servlco and J707O to pay old claims for several societies for taking care of children during 1915. The Municipal Court needs tho money for furniture, stationery, labor nnd automo bile hlro and can mandamus the city for the various amounts If they are not othci w Iso forthcoming. KUVSHN'S MM, A bill Introduced at the icquest of Il tector Krusen, cf the Department of Health and Charities, Is designed to abolish tho $2000 position of diagnostician In tho IJur cau of Health, leduco tlie corps of assistant medical Inspectors at $1400 from fifty to fotty-four and cieate seven new assistant diagnosticians 'at $1700 each. Phalrman Gaffney offered n measure ic questing tho board of trustees of the Phila delphia Commercial Museum to release to the city part of the lands tho boaid con trols near Thirty-fourth nnd Spruce streets. Tho property Is needed for new structures at tho Philadelphia General Hospital. Tho city in return rffcrs the board a. clear tltlo to nil of Its lcnuilnlng museum property. Among the resolutions passed was ono authorizing Major Smith to notify tho Vnited States engineer in charge of tho dis trict that the city will maintain tho f'chuylklll River channel below South street lecently Improved by the Government, until the new municipal sewage disposal plant Is completed. Another authorizes tho Depart ment of Public Works to employ extra en gineers and assistants for work on the Park way and other boulevards TRADE Famous Stars, Superbly Directed, in , Clean Motion Pictures i FAMOUS PLAYERS -v;-5 '; ADOiril ZUKOR JVm JESSELIASKY VwTV ,- l -NI.W C2 TRADE v-K " 3f vt MABMi XOI'" MAKiJ -rOs J, A ffJW Paramount-Artcraft Pictures Have Their FIRST PRESENTATION IN PHILADELPHIA In This City's Two Leading Photoplay Theatres Market Street Above 16th Where they aro screened in the most advantageous manner, amid most appealing environment, perfect ventilation, original ideas and with pro Rrama of artistic music excellently rendered and other features that mako the Stanley and tho Arcadia THE THEATRES OF QUALITY, PRESTIGE AJNI) SAlfiAWlUJN ID BAT1 EVENING 1GEDGER-PHILADELPHIX (THUBSDAY, OCTOBER 13, GOVERNOR'S RIGHT TO APPOINT FIXED Dauphin Court Validates His Selections Despite Sen ate's Refusal to Confirm AUDITOR GENERAL LOSES HAnnisBuna, Oct is. In nn opinion handed down today by Judge Kutikel. tho Dauphin County Court decides tho Governor has Uia right to make ad Interim appointments, even though np pohitec3 liavo been previously rejected by tho Senate. This opinion, In case thero Is no appeal, validates tho appointments mado by Gov ernor llrunibaugh of men rejected by the Scnato when they camo before that body for confirmation Jut previous to adjourn ment of tho last session of the Legisla ture. Tho enso camo beforo tho court In the prayer of Commissioner of Hanking Dan iel F. Lafean for a peremptory mandamus utderlng Auditor General Snyder to honor warrants drawn by Lnfcan. which Snyder had declined to do on the ground that the appointments wero not legal. Tho court grants the mnndamus nnd overrules Sny der's motion to quash the catT. It was said that Mr. Snvdei probably would appeal to the Supremo Point. In which case tho suits will hang tire until next May, when that court sits here. At tlie timn tho Kunkel opinion was handed down, Judge MtParrell filed similar opinions in the oases nf Superintendent of Printing Long. Commissioner of Fisheries Duller and Secretin y of Agriculture Patton, who had brought suits of tho same kind. lMPKACHMLN'T A m'.MEDV Judge Kunkel goes thotoughly Into tho merits of the case and quotes numcrou I nuthorltles as precedents. The political ef fect of the opinion, if it Is not appealed oi ls sustained b tho Supremo Court. vlll br to uphold tho Governor's hands In all ap pointments until tho next session of tho Lcglslaturo convenes, although tho Court is careful to point out that tho remedy for any Irregularities with which the i:ccutlo might be chatged lies In tho impeaching powers of the Legislature. Tho Potirt holds that the Commonwealth is tho proper plaintiff, thus overruling tho contention of tho Auditor General that tho name of the State should not bo used "for lellef of a private citizen," which ho held tho petitioners for mandamus to be. The Court finds also that the contention of Mr. Snyder that there is "adequate remedy at law' cannot prevail against tho Common wealth. The court after quoting the Stato Consti tution on tho subject, bases its ruling on tho follow ing grounds: "The Governor Is authorized to fill , x acuity temporarilj, but to fill it perma nently for a full or unexpired term ho munt have tho advice and consent of tho Senate There does not seem to bo any question but that tlu vacancy which was hero filled hap pened during tho recess of the Senate. Tho first commission, granted by the Governor and held by tho relator, expired at tho end of tho session of the Senate. When tho Senate adjourned tho vacancy occurred. Govunxoirs powi:ii vnp.i:stp.icti:d "If the power of the Governor to appoint to the vacancy In question Is onco con ceded, that, we think, puts an end to this litigation In the Constitutions of other States there is rxpiess prohibition against tho appointment to otllco by tho Kxccutlvo jpiree ways to know Whero fo bo sure of seeing Paramount and Artcraft motion pictures. o By seeing tbe's trademarks nr names in tho newspaper adver tisements of your local theatres. My ferine th sjinn tr.ulimailvi cm tliofrtmtuHliB tlifatro or in the lobby. By seeing them fli-licd on the rcrcrn insido tho theatrt. -LASKY CORPORATION tirm. ClXllB DEMUlfttKC VOHK. J J s Ill cmwwHl of ona who has been rejected by tho Senate, but thero Is no such restriction found In tho Constitution of this Stato. Tho restriction applies, however, not to tho power of the Governor to fill tho vacancy, but to his power to select tho person with whom In It is true that br appointing during the recess the person whom tho Scnato ban re jected tho Kxccutlvo might continue him In the office for a period which would virtually amount to u permanent nppolntment, mid thereby tho provision of tho Constitution be circumvented, which declares that to a per manent nppolntment to ofllco tho advice nnd consent of the Scnato must bo had. Tho same object could bo attained by his refusal to mako a nomination during tho session of tho Senate. However, thero can bo no presumption of nuy such Intention on tho part of tho Executive, but BhouUl It exist nnd nn attempt bo mado to carry it out, a complcto remedy Is at hand. To this suggestion, In Stato vs. Kuhl, Gl, New Jersey law 191, It Is said: Tho possibility of abuse loses Its signifi cance tho moment wo distinguish between power mid duty. Tho question of power nlone can bo consldeicd bv this court. For willful breach of official duty nr abuse of power committed to him. tho Governor Is, like other civil officers, llablo to Impeach ment nnd must answer to tho tribunal creeled under tho Constitution Mr tho trial of such cases liven tboueh tho Governor should bo guilty of a. breach of duty In refusing to send -any nomina tion at nil to the Senate during Its ses sion. It would bo nono tho less within his power and his duty after tho adjourn ment to tilt tho vacancy. In that case thn Impeachable conduct would bo his willful refusal to ndvWo with the Semito and tint his net In filling tha vacancy In tho after recess In conclusion. Judge Kunkel sayn that the defendant does not question tho power nf tno Governor to fill n vacancy nnd that "tho courts liavo no control over his right to select nor may they question tho propriety of his selection." Tho mandamus asked by Lnfcan Is, there fore, granted and tho motion to ovcrrulo quashed. MOTTEUX GETS RESPITE Governor Stays Execution l'cndiiip; Ap plication for Pardon H.vUP.l.SIU'P.G. Oct, 18 Itosplto was granted today bv Governor llrnmbjugli staving the execution of Henry Ward Mot tern, .lefferson County, from tho week of October 2- to tho weik nf October 2f, per mitting an application to be presented to the Hoard of Pardons for a rehearing Motteru, who wni refused commutation last j ear and twice denied lehe.irlng. haw been spared fnun deatli five times by respite". iMEHEEH MMUMl'M'l'i. 11 is'lilMlg iPlllllllllllltllllllllllllHHlltlHIIIHI m i -i n El i - l - - z. E' mm iifiiii Iff Ni$$4ftl I lb I II I I 111 HI A'Xsii.sa stsjs-?iAle TRADE MARK RLG US PAT OhF The world over, all Walk-Over shoes bear the same Walk-Over Trade Mark. Look for it. i t i t i STATE BAPTISTS GIVE PLEDGE OF PATRIOTISM Wire President Assurances of Loyal Support in Prose cution of War "AMERICA" LUSTILY SUNG AivrooNA, ra., Oct IS. Itaptlats of Pennsylvania pledged support to President Wilson today when tho Penn sylvania. Uaptlst ministers' convention unanimously oidercd sent tho following telegram written by tho Itov. W. Quay llos selle, Philadelphia. State prcsldont: lion Woodrow Wilson. President of Tnlted States! ,, Tho Pennsylvania Haptlst general con ference In annual session nssombled tit Altoon.i, assure you of Its lnal support of tho national AdmlnUfratlon In In elllclent nnd heroic proc utlon of our part In tho great struggle for humanity, and we pray God In keep oii In health to complete tho work nf leadership vvhlili mi far vnu havo dono with such command ing ability. 'I ho vast audlenco then sang "America" These ofikers were elected today: Presi dent, tho Ilv. W. Quay ltoselIe, Philadel phia: first vlco president. .T. Penny O'Neill, McKec spoil; secretary, tho I'ev, Charles A. Walker, West Chester: treasurer. Dr. A. M. Grave-", Philadelphia: general secre tary Htato mission board, I)r C. A. Soars, Philadelphia: general secretary education boaid. lr I.oltny Stephens I,ovvisbuti trustee. K. Allen l.ovell, J. Newton Peck. Walter T. I.ec. Dr. .1. Alilnor Wilbur, W. U. Hall, nil of Philadelphia : Lewis C. W. haw, Greensburg: l.uther Keller, Seranton Stato Highway Commissioner O'.N'ell and Governor Uruiubaugh's secretary. Hall, both addressed the convention todav. O'.N'et! said that If Pennsylvania politics Is to be mado clean. Penrose and his policies must bo banished. FHAUI) IN X. Y. PRIMARY G. O. I'. Election Ollicinls Plead Guilty to Makinc; False Returns M3V YOItK, Oct. IS Pour Itepublicim election ollUlals of Hiooklvn pleaded guilty today to making false returns on tho recent primary day. Tho four, who ate under In dictment, are J, V. Harnej, Thomas James, Albert Kidner and Paul Dunbar. Tho letuins of these men "dinned that former Senator William M llennett received t went -seven votes and Major Mltehcl thir-tv-eight The recount showed the opposite. V illlllllK - ' J. mmmtvKTtmMmmwm (lafa-Quei1 SHOES J here is many a man who would like to wear a good-looking shoe, but thinks he would have to sacrifice comfort, if he did. This is not the case at The Walk Over Boot Shop. All Walk-Over shoes are made to fit, but all feet arc not alike. We carry a sufficiently large stock to give you a fit you will enjoy, in a style you will approve. The WALK-OVER Shops 1022 Chestnut St. 1228 Market St. 1017 BABY DRINKS POISON DREGS LEFT IN GLASS BY SUICIDE Child3 Faco Badly Burned Mother Seeks Aid for Boarder "While While Ms mother was frantically calling for the police to take charge of tho body of a man who had Just swnllowea a fatal draught of poison In her house, three-year-old James noblnson, Tlereo street near Twenty-second, yesterday placctj. to Ills Mann & Dilks 1102 CHESTNUT STREET Mann & Dilks llanafsrturors of Shlrtu, flowm, I'sjiram. te. Importers nf Underwear. Hoilery, GIoth, CraTtU U02 CHESTNUT STREET y Y earers of Walk-Over shoes can give thought and at tention to style, when buy ing shoes. The questipr) of comfort has already been worked out for them. When a man admires a pair of shoes that he sees in the window, then comes in the store and tries them on, it's a pleasure to watch the satisfaction creep over his face as he rests his weight on them and finds they are at once comfortable. MA Tinhr linn the lists in which a. feW i of the poison remained and was terribly ! burned about tne iace anu mount. TMa ' child waa taken to St. Agnes's Hospital an4 wIlNrecovpr. The sulcldo was Jphn Agnew, twenty-fohr years old, formerly employed as a driver, for a down-town coal company. Despond ency over tho loss of his position Is given as the cause of Ms net. He had recently " been arrested on iv charge of drunkenness' and had been discharged by tho magis trate, but upon his release his employer (refused to permit him to return 'to work, Ho then returned to the noblnson home,, where lie boarded, and took poison. M Overcoats Street Coats Motor Coats 16.75 18.75 22.75 24.75 Tyrol Wool in Full loose cut. Tyrol Wool has wnrmth without weight, is damp proof, will not wrinkle or muss and has endless wear. ALSO Tyrol Wool Golf Suits, Jackets, Vests, Sweaters, etc. QwcfP m s i: Ul . 'I v c. ' t ,". -il :a v ftl 1 r ) - 't ' 1 I i A !i ti f . iff i a " & 51 iA. j. . ... ,'.. or uitpearftjn tte,tunty,
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