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
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In This City's Two Leading Photoplay Theatres
Market Street Above 16th
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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
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My ferine th
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-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
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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
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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.
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ALSO
Tyrol Wool Golf Suits,
Jackets, Vests, Sweaters,
etc.
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or uitpearftjn tte,tunty,