PICTORIAL
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PAGES 22,23,24
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I VOL. IV. NO.
49
PHILADELPHIA, FRIDAY, NOVEMBER 9, 1917
CormioiiT, 1017. t ini rcauo Lzoota Cour.xt
PRICE TWO CENTS , 1
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KERENSKY CAPTURED,
!NEW REGIME STRENGTHENS
GRIP UPON RUSSIAN CAPITAL;
JOINED BY NORTHERN ARMY
Deposed Ministers to Be Tried for Con
spiracy Petrograd Reported Almost
Normal After Successful Coup
d'Etat of Lenine and Trotsky
STOCKHOLM, Nov. 9.
Arrest of Premier Kerensky of Russia was reported in messages received
lere today. No details were given of how the Bolsheviki succeeded in appre
hending the head of the provisional Government.
From a German source it is learned
have Joined the Maximalists and that a
Petrograd.
Petrocrad is almost normal today,
' in full control and maintaining virtually
Chance from Kerensky provisional
regimo was accomplished virtually without bloodshed, despite the fact that
for a time there was vigorous resistance and Petrograd was once again filled
Kith the sounds of firing.
The All-Russian Council announced to
day that Kerensky's last appearance was
at Kalchlna, near Petrogrnd, on Wednes
day, when the former Premier addressed
000 aoldlcra and persuaded them not to
march on to Petrograd.
President Trotsky, of the Petrograd So
vltt, said the new regime proposed to try
all members of the Kerensky Government
on the charge that they were conspirators
In the Kornlloft rcolt.
The Sox let's military committee decided
to imprison Kornllofl and others not In
sympathy with Us program.
The Women's Battalion of Death, charged
ty the o,ld Government with defense of the
Winter Palace, held out to the last, and
only surrendered when literally over
timed by the Bolshevlkl troops and men
aced by enough guns to blow the whole
palace up. For four hours the women, as
alsted by a few "other troops loyal to
Kerensky, bitterly fought off all advances..
Then the cruiser Aurora was brought to
Kit and her great guns trained on the
defenders. They were iorceu 10 givo w
rtte unequal struggle. v
Kerensky's escape from the Maximalists
! due to the fact that he left Petrograd
on; Wednesday for tho front, expecting to
lueet troops which he had previously sum
moned to the capital. The former Premier
had anticipated a -clash between the Bol
ibevlkl and had detached a number of units
to come to the capital. He was en route
to meet this body of troops when ho re
ceived word of the Bolshevik! success and
Immediately fled toward Moscow.
Nlcholat Lenlne's reappearance was greet
ed with cheers by his followers. The
Bolshevlkl leader, who has been In hiding
for more than a month, showed up minus
hi customary mustache, but otherwise
recognizable. '
Many orders were issued to the troops
today and the "red" soldiers aro expected
promptly to execute them.
HUSSIA AGAIN IN CHAOS;
FANATICS TAKE CONTROL;
LONDON IS PESSIMISTIC
LONDON, Nov. 9.
TUmla is back again where she was last
M.rch,
Bolshevlkl fanatics, extreme radicals who
l.rn to at once make the world a brother
hood, who are set against all wars, who
believe In 'ttermost democracy, today seem
ed to com ) all of Petrograd, tlio capital,
Premier Kerensky and what remains of
the machinery of the l-rovlslonal Govern
ment apparently still have the support of
in remainder of Russia.
The situation was regarded here as pre
euely parallel to the first days following
the revolution by which the Czar was up
Mt, Then It was Lvoff. Mlllukoff and other
Intends who first seized the outward sym
lwli of government In Petrograd, whilo the
id retime still clung to power in the other
frrti of Russia.
The danger, as London saw It today, was
that Lenine, Trotsky and their fellow
Jtnatlca of the Bolshevlkl, would bo able
t extend their control beyond Petrograd
jpa away Russia's great peasant population,
cnorant of the Utopian idealism of the
Bolshevlkl, to their side.
Kerenskv nmvftrinIv line ..Mn.,1 .Via
. Mela In Petrograd. He was reported seen
en route to Moscow. It was believed here
Kih' would nama that cI'V ! capital
MO. there endeavor to consolidate all Russia
t vii'iH1 usfPlns group at Petrograd.
f. i f nlnc. radical fanatic, whose
IS!!?? Iiv" alway been regarded here as
Eirectea from Ttlin ! fl-m,.. n...i ,
Itower at Petrograd by the new revolution
'Leon Trnuw kr. --... ..;..""
-. .,:"' "" wui'ttuiicr in me coup
t T Jhlch the Bolshevlkl overthrew control
we capital, has likewise come under
previous suspicion as dominated by the Ger.
aiani,
GCRMAN HAND SEEN
feen.in.k .J' .Vs rarde as Urtually
wtaln that Trotsky and Lenine engineered"
,eir coup with Germany's direct aid. in
wa connection It was regarded as highly
't&L.ntthat eabI'a ytday reported a
tHerman fleet near Ilellni-fr,ra cini.j
,"; Me of th ereat "usslan naval
tt,.llonSi 5uad, IfaWnirfor.. and Is
'tviHr'vhnhf.,.n 2f navaI toriTftB constl
i v2 ,BaUlc Sea defenses to Petrograd.
Kronstadt, the. fortress nearest Fetro-
Eunevlkl &kbeJL 'f?'"!
llOMmiL T -. wi.v.9 cany in mo
!.? the "rrIson there revolted. Sub
rSrlVX Jn other Bolshevlkl demonstra.
v i p, many of the paraders
?kv. Wadt 8a"0""- Presumbaly Trot-
MlmJTi s B8socltes 1" the Immediate
alas? m n0w are "upirtrted by Kron-
. ". Jf bo, the German fleet would have
Continued on r Teiy Column Two
Wills Probata hv T?nI.,.-
LW1u!lllir'SrS'a,Jd today '"elude those of Ed
LiHoa Lord' 3in vi-i, tii.i 11. ... .
-? 'b..n, Private beuueaU. disposes of men-
tf Tv, Rl""k0s. ACC A: nrtol.t.
JI8 South BUteenlh reet. 14300.
JT' A. CmiW, Setk Twenty.
-T" ewilim OUCCU 11BUUI JHBTV
KEPUKT IN STOCKHOLM
that the Russian northern armies
considerable force is now marching on
TETROGRAD, Nov. 9.
with the new revolutionary Government
complete order.
uovernment to the new Bolshevik!
CADORNA OUT;
ALLIED CHIEFS
TO LEAD ARMY
Italian Embassy at Wash
ington Hears Commander
Is Deposed
DALL'OLIO SUCCESSOR
-WASHINGTON. Nov. 9.
General Cadorna has been relieved of tho
high command of the Italian armies and
tho defense of Italy from the advancing
Teutons has been wtcd In a, board of Al
lied generals. In tho belief of tho Italian
Embassy hero this afternoon. Officials
stated they had no official confirmation of
this epochal chnngo and have heard of it
only through unofficial Eources, but the em
bassy believes tho report and stated tho
moe has been expected for some time.
Dispatches also stated that the future
command of tho nrmy wilt bo invested In
three generals, with General Dall'Ollo as
the ranking officer. Tho names of tho
other two generali vvero not disclosed
According to tho embassj's belief, tho
change was directed by tho conference of
allied ministers and generals at Rapal'o,
Italy, attended by the Premiers of Eng
land, Italy and France, nnd their leading
field marshals.
The new board of strategy post-Ibly w 111 In
clude Cadrona. Thcr boaid Is believed to
have chosen the new defense lino on which
It Is hoped to turn back the Invaders nnd
save Italy perhaps from collapse as a wai
factor.
The Italian rearguard has offtctlvely
and valiantly delajed tho Teuton advance,
according to Homo cables today By furious
counter-attacks. General ill Georglo's troops
aro protecting General t'adorna's retreat
from tho Tagllamento nnd LIvenza Hlvcm
Tho fighting spirit of the Italian troops has
been rovlved, Rome stated
ROME. Nov. 9
General Cadorna's army today occupies
the most naturally and best fortified region
since the beginning of Its retreat through
the Frlull plains Tho battle lino Is shorter,
with many railroads at the Italian leader's
command.
To the left and north, one wing of the
.Italian army Is hastening to tako up ex
cellent positions behind the upper Brenta.
This line, military critics kay, will connect
with the center and right wings of the
Italian foices to bo massed along the
Plave.
Franco-British troops are now on the
front and Premier Lloyd Oeorgo and other
British officials are also there inspecting the
Allied re-enforcements
The arrival c the Allied fori.es MTength
ens the belief that the crucial battle Is to
be fought along tho Plave River, where,
along the west bank, combined formation
with the new arrivals Is possible through
the delayed arrival of the enemy.
Jn tho Intervening space between the
Tlnv nnd LIvenza Rivers extends a net
work of numerous drains and canals, offer
Ing further
menace to the advancing
enemy
Behind the Italian battle formation lies
Continued on rase Mne, Column One
LEAPS TO DEATH AT HOSPITAL
Patient Dies After Jump From Fire
Escape
Taul Pezpatsy. twenty-nine years old, of
1BI0 Lombard street, died this afternoon
at the Philadelphia General Hospital as a,
result of n crushed skull and Internal In
juries received in a leap from tho fire
escape on the third floor of the hospital
building. , .,.,...,,
Pezpatsy had been In the hospital for
several weeks suffering from a general
breakdown, but had been apparently much
Improved, When one of the hospital at
tendants saw him on the flro escape he
suggested to the man that he had better
come in and go bade to bed. There was
no reply and the attendant started toward
the patient with a view to leading him
back Into the building, Pezpatsy then
leaped over the rail of the fire escape to
the ground below
Phynlclans of the hospital gave It as their
opinion tht the nn h.d suddenly gone
GENERAL CADORNA DEPOSED
Tho Italian commander-in-chief has been relieved of his command,
which, according to reports, will be administered by an Allied board
of strategy, of which Cadorna will be a member.
DEUTSCH MAKES
'LAST-DITCH' MOVE
Seeks to Keep Fifth Ward
Case From Going to
Grand Jury
BLOCKED FOR PRESENT
Another effort of the attorneys for Isaac
Dcutsch, Lieutenant Bennett and tho five
policemen in the Fifth Ward tragedy to
keep their cases fiom going to tho Grand
Jury was made lato todav
William T. Connor, of Congressman John
R. K Scott's olllce, who lepresmts tho
defcnd-ints, appeared before Sol Malsberger,
Clerk of the Miscellaneous Criminal Court,
to file exceptions to tho return of the
cases to tho November Grand Jury
The exceptions were based on tho conten
tion that Judge Charles L. Brown, of tho
Municipal Court, sitting In their case sev
eral weeks ago us a committing magistrate,
did not have Jurisdiction. In other words,
It was nn effort to quash tho return to the
Orand Juis. The attempt was frustiatcd
for the present by tho fact that the return
of Judge Brown's court has not et boon
made to the Urand Jury
Tho exceptions will be filed, however,
when tho return is made to tho Grand
Jury and then argument will be heard h
Judge J Willis Martin, before w horn habeas
corpus arguments have been made.
VARE CAMP SHOWS ITS HAND
The advantage gained by the District
Attorneys olllco In todaj's victory Is that
the opposition has shown Us hand and As
sistant District Attorney Taulane will have
ample time to prepare to meet the argu
ments. Today's move came as tho last step In tho
Continued on Tore Mne. Column Four
GERMANT0WN HIGH
DEFEATS CENTRAL
Weak Manheim Eleven Sur
prises by Downing Mirrors
in Gimbel Cup Game
, -'
FINAL SCORE WAS 14 TO 0
(Vntrul lllfli (.rnii.intimii llltli
Gordon left mil .n,Jr',?
O'.Nrlll . Ift tackle Vlrtoll
.VrniMronr left eiiurd Vlonlironifry
Itrrlilel . renter , J ,"
lnx .. rliht mmril ., ,.'
krrd.fr rUlit tu.kle 1' ,'"l"'
Vorclln . rlilit end . .,.,,nk,t!
Ilixkmnn iinnrtfrbuik lUirnett
yiininrrmati left hulfbntk Jiitkwm
Mri.rnn . rlclit ImlMmik K. Mff linn
Ldrfnnra .fnlllmrk . , Vntunnsr
Iteferre llriiintiuucli. Ihlsh I luiilre Tiler,
rrlnretnn. Jfrtul llnr- n Ituliy. t.fttuur.
Time of uerloda 11 minute".
HOUSTON FIIU.D Nov 9
Gcrmantown High registered Its firnt vic
tory of the wason In the Interschoiusf.c
League here this afternoon when me sup
posedly weak Manheim oungsters took tho
measure pf Central High In a Gimbel Cup
match. The final scoie was 14 to 0.
This was ono of the big surprises of the
season. Booted und kicked around In th
first two league games nnd considered ths
"goats" of the league, the Germantown High
hoys put bo much power and punch Into
their drlva this afternoon that the strong
Central High boys were unable to stop tho
offensive.
AH the scoring Avaa done In the second
period. The Germantow n toj s hit the line,
circled the ends and did everything but run
wild.
FIRST PERIOD
Central won the toss. McCool kicked off
to McGraw on his !6-yard line. He ran
the ball back' 7 yards. Several line plunges
netted a first down. Zimmerman was
thrown out of bounds Cddowes made first
down on a Plunge through left tackle
O'Nell made first down on next play
LADS OF CITY JOIN
BIG Y. MX A. DRIVE
Ten Thousand Boys Agree
to Earn $10 Each for
Course
EXTRA WORK PLANNED
4 4
President Indorses
Work of the Y. M. C. A.
PRESIDENT WILSON in a letter
nddressed to John It. Mott, gen
eral secretary of the National War
Work Council of the Y. M. C. A.,
has indorsed tho association's work
as follows:
"I wish to express to you the very
hifjh value I have attached to tho
work which has been accomplished
by the Young Men's Christian As
sociation in behalf of our own army
and navy, as well as in behalf of the
prisoners of war and the men in the
training camps in Europe.
"I also wish to express my sin
cere personal interest in the large
plans of tho War Work Council for
the war work which is still ahead
of the association."
Young Philadelphia has enlisted for the
(35,000,000 national drive of the war work
council of the Young Men's Christian As
sociation scheduled to start next Monday.
Tho clty'H quota Is $1,300,000.
Ten thousand Philadelphia boys have
agreed to earn $10 rath for tho fund, ac
cording to announcement made today. The
call was Issued to only 5000. Double that
number have oluntccred.
Ten thousand Pittsburgh boys also have
enlisted In the $10-each campaign All of
tho 300 Western Union messenger boys In
that city have agreed to turn over $10 each
of their savings Arrangements have been
made so that they can get extra work to
help make up the sum. Similar procedure
may be carried out In Philadelphia
A mass-meeting In connection with the
big drive will bo held In the Central Y M
C A., 1421 Arch street, next Sunday after
noon. Connlo Mack, of the Athletics, will
be one of the speakers Harry Davis, coach
and scout of the team, also will make an
address.
IUIHf WHAT TIII3V OIVIJ
Tho boys' tampalgn promises to be
more spectacular than that of the "grown
ups" The latter can give money themselves
The members of the young nrmv of enthusi
asts will work to earn what they give
It was explained at the headquarters of
the campaign committee, at the Itltz-Carl-ton,
that boys aro not peimltted to enlist
for the drive without conbent of parent or
guardian Furthermore, provision Is made
for paying the pledge of $10 or multiples
of $10 In installments. Kach boy who
enlists will receive a button If he pays
in installments he will receive a coupon for
each dollar, ten of which are to be ex
changed for a handsome certificate
Boys unable to find employment can get
opportunities to earn the money for the
pledge through tho bureau of tho assocla-
MobllUatlon plans for tho big drive In
Philadelphia are well under way More
than 200 public-spirited citizens are stand
ing by their gund awaiting the order to
"go over the top" next Monday, when the
name of the association will be taken to
mean temporarily:
VOU M-UST CONTMIIUTB A-I.SO!
A dinner of the executive committee to
tho team captains and final instructions will
he given at the rtltz-Carlton tomonow
night. Tha teams will meet for luncheon
Continued from Tate Ten, Column Four
Urakeman Killed by Ilia Train
P.EADINCJ, Nov 9. Falling under the
wheels while tryine to board his train, dro
ver C Palm, twenty-eight, of Harrlsburg,
a brakeman on the Beading Hallway, -was
killed today In thn yards between Oley and
Pike streets. It Is believed that Palm
tumbled In trying to,bord the train. Hi,
body wm cut In two Ho Jived at Bjj
Munich street, namtjurf
EXTRA
FOOTBALL SCORES
PENN ST. F.. G 7 21 0 40 ABINGTON.. 0 0 sO 0- 9
SYR'CUSEF.. 0 0 0 0-0 CHELT'H'M.ll 3 0 0-17
EPISC'P'LA. 7 14 0 0-27 GERM'T'N H 0 14 0 0-14
GERM'T'N A. 0 0 0 0-0 CENTRAL lit 0 0 0 0-0
JENN CHAR 13 23 12 14-02 BRYNATH... 0 7 0 G-13
FRIENDS' C. 0 0 0 0-0 CHEST. HI'L. 0 0 0 0-0
LANSD'NEH 7 0 7 0-14 S. PHILA. H.13 0 0 0-10
RIDLEY PK.. 0 0 0 0-0 FRANKF'DH 0 0 0 0-0
SOCCER
0 2
rr.IENDS SELECT.
MRS. BARLOW
Mrs. R. H. Bailow defeated Mrs. O. H. Munson in the final match
of the women's golf championship of the Morion Cricket Club this
futeinoon by five up and four to play.
ALIENS MAY BE KEPT FROM WATER FRONT
Frank C. Garbarlno, local agent of the Depaitment of Justice, an
nounced this afternoon that tho local office has received pel mission
from Washington to drive all alien enemies away from the Philadel
phia water fiont. They can be sent back to a distance of 100 miles
ii om the water front, the ruling says, but It Is within the discretion of
the local Department of Justice authorities as to what the distance
shall be.
DECISION RESERVED IN THIERICIIENS CASE
Whether Captuln .Max V. Thlerlchens, former commander of tho Prinz Eltcl
l'rledrlch, the commandeered German urmed cruiser, will be awarded a new trial or
will reccivo u Jail hentence upon his conviction of white slavery, Is In tho hands
of Judge Thompson, of the Federal Court, for decision. Argument on the motion
for a new trial was concluded toda nnd Judge Thompson reserved decision. Tho
feature of the argument, which began yesterday, was an affidavit by Mario Funk
that lur original tcstlmcnj is truo and that sho lied in repudiating It.
.ORDER 1500 LOCOMOTIVES FOR RUSSIA
Jt htts bean unonictully announced that
LocnmotlVoCompariy and the TJaldvVln Locomotive Company-ror-TEODenRlneii'-'ror
nussln, the orders coming throUfsh the War Industries Board at Washington. Each
company U to manufactuic 750 engines. Delay In slcnlns tho contracts may bo oc
casioned bj t!n precnt unsettled condition of nffalrs in Ku3sla. The amount of
the order is said to be $82,500,000.
ITALY WANTS PEACE, SAY BUENOS AIRES GERMANS
BUI2XOH AIKES, Nov. 9. La Union, a German owned nnd German-managed
paper, publishes an article today declaring that Ituly desires peace negotiations, using
Argentina ns an Intermediary. Judging from tho spirit of Italians here and In tho
opinion of high ofllclals, tho story Is highly Improbable. Military authorities espe
cially scout the sincerity of the article.
BIG SHIPPERS WILL FIGHT R. R. RATE DEMANDS
WASHINGTON, Nov. 9 A surprise was sprung today when It became known to
the railroad representatives hero that big shippers throughout tho country intend
to fight to tho bitter end tho railroads' plea before the Interstate Commerce Commis
sion for increased rates aggregating millions of dojlars.
STEEL SUBSIDIARIES GIVE $500,000 TO Y. M. C. A. FUND
NEW YOnK, Nov. 9 A subscription of $300,000 will be made by tho subsidia
ries of the United States Corporation to tho new war fund of tho V. M. C. A. Judge
E. II. Gnry, chairman of the corporation, announced tho subscription last evening.
10,017 IMMIGRANT ALIENS ADMITTED IN AUGUST
"WASHINGTON, Nov. 9. A bulletin Issued today by tho Board of Immigration
shows that there were admitted Into tho United States in August, 10,047 Immigrant
aliens, compared with 9367 In July.
SPECIAL EXPORT LICENSE FOR WAR COMMODITIES
WASHINGTON, Nov. t- Tho War Trado Board announces that special licenses
will hereafter be required for the export to all countries of high bpced steel wlro
rope, aisenic and .Its compounds and carbon electrodes. Heretofore these commodi
ties have ho n exported to tho European nlUe without special license
HAMBURG SHIP LINE OFFICE SEIZED BY U. S.
NUW YORK, Nov. 9. Acting on orders from W ashlngton. United States Mar
shal McCarthy, with fifty city detectives and twenty deputy marshals, Invaded the
olllcea of the Hamburg-American Line, 45 Broadway, and took o er the property of
the company in the name of the Government. All books, recotds and equipment of
tho offices were seized. A. Mitchell Palmer, custodian of alien property. In a tele
gram directed the seizure. The action was said to have been Instigated on informa
tion that books and records wero being removed.
BRAZIL CLOSES RIO DE JANEIRO PORT
BIO DE JANEIRO, No. 9. Tho Government has issued a decree ordering tho
closing of the port of Rto do Janeiro.
CHICAGO MAXIMUM RETAIL COAL RATES FIXED
CHICAGO, Nov. 9. Maximum retail prices, those the consumer will hac to
pay for anthracite and bituminous coal, have been ilxed for Chicago and Cook
County by John K. Williams, Illinois Fuel Administrator. The schedule becomes ef
fective Saturday morning. Prices nre $9.70 for large egg, $9.60-for ugg, $9.85 for
stove, $9.95 for nut, and $8.45 for pea.
BAN ON CELEBRATION OF GERMANTOWN'S FOUNDING
KANSAS CITY. Nov. 9. The German-American Alliance of Kansas City, Kan.,
which waK to have held Its annual celebration next Sunday, will not be permitted to
do so, the police announced. Residents complained the celebration is not looked
upon -with favor. Tho affair Is In commemoration of the landing of Germans at,
Philadelphia and of the founding of Germantown. In Pennsylvania. '
PENNSYLVANIA'S WHEAT ACREAGE HAS EXPANDED
HARttlSBURG, Nov. 9, The State Department of Agriculture Is Informed that
northern tier counties will show a pronounced Increase In the acreage devoted to
wheat and there will also be more fields In that Bectlon In rye next year than ever
known before. The reportB show that wheat Is being tried In sections of the upper
counties where It has never been sown.
PLAN BILL TO MAKE NEW YORK DRY DURING WAR -
NEW YORK, Nov, 9. New York's Anti-Saloon League In a tatement declared,
that It would have Introduced at the next session of the New York Legislature tt
bill to prohibit the manufacture, sale. Importation and transportation of alcoholic
liquors In the state durjnsr tho period of tho wtr and during- demobilization.
SCORES
WILMINGTON FK.. 0
1 1
WINS GOLF TITLE
orders have, l$en given to.thtAmerJjan,
TI T I7M A Tiff A mC vv
PUT ON BALLOT,
WITNESS SAYS
t
Additional Crosses Madt
After Count Started,
Overseer Testifies
FIRST CASE CAN'T
BE MADE BIG TEST
Unexpected Evidence Takes
Matter Out of Election
Court's Jurisdiction
NEW HEARING TOMORROW
Town Meeting Party's Chief
Contention Now Hinges on
Fourth Ward Charges
The five ballots which were thrown out of
the count In tho sixth division of ths
First Ward by the Republican Election
Board will not figure In the test whfch
the Town Meeting party Is making to Bhovr
wholesale election Irregularities.
Tho ballots in question, which .the Town
Meeting party alleged wero thrown out Il
legally by tho election board because they
wero marked with crosses for the straight
Town Meeting ticket nnd also for District
Attorney Rotan, Organization candidate un
opposed by the Independents, were Mated
for another reason, it was testified.
Abraham August, an overseer of election
In that division, told Judges Flnletter and
Martin that he saw the five ballots marked
for the Town Meeting nomlness and Mr.
Rotan before the count started, and later,
after the count, he saw them marked also
for magisterial and school visitor candi
dates. Because they wero thus Improperly
marked after the count began they wer
vitiated by the election ofllclals, he said.
OUT OF JURISDICTION
The court, which had been expected to
pass on the legality of a oter namlnir th
Town Meeting candidates and Mr. Rotan,
thereupon declared the contest out of its
Jurisdiction and ruled that tho ballot-bozc
should not be opened.
It was Intimated that criminal proceed
ings to determine how the ballots wr
Improperly marked would be started by th
independents.
The test whereby the Towrt Meeting party
hopes to establish that about J0.Q00 Town
-will come up tomorrow In the rnso of th
" H,"n,u" " me ruurm xra. Jiere,
according to Hurry J.Kcott. Town Meeting
counsel, twSntyUu-tfeVTown Meeting ballot
were vitiated because of the double ote
for Rotan and the Town Meeting nominees.
At the ery outset of the lnestIgatlon
Into the alleged fraudulent methods of th
Organization election boards the Vare forces
sparred for delay today by urging that th
Inquiry be switched to another court.
The election court presided over by
Judges Flnletter and Martin was ready t
proceed with the case In the sixth division
of the Frst Ward, when counsel for th
Republican party asked that the case be
tried before a contest court of Quarter
Sessions.
This action was regarded by independents
present as a confession of weakness on the
part of the Vare forces and decidedly In
consistent with the previous statements in
which they declared they would aid in kuch
investigation
It was argued by the Organization array
of counsel, of which John It. K. Scott was
chief spokesman, that Judges Flnletter and
Martin sat only to computo the returns and
that they had no power to decide on any
alleged fraud
ADMITS BALLOTS LEGAL
In the course of a long argument, Mr.
Scott let slip the opinion that the bal
lots In question were legal ballots. Judge
Flnletter expressed the personal opinion that
the failure to count the ballots was not only
a palpable mistake but a fraud He also
said In reply to Mr Scott that the court's
function was to computo returns, but not
to compute fraudulent returns.
William T Connor, of the Orginlzatloq
counsel, cited numerous opinions to shovr
that the election court could not pass 6n
rejected ballots nnd that tho Court of Quar
ter Sessions only had such power.
Harry J. Scott, representing the Town
Meeting party, called attention to the fact
that laws from which Mr, Connor quoted
were made prior to the act of May 6, 1909,
which Is the latest ballot law. Since then
there was a decision, he said. In which th
Court refused to express any opinion as to
the meaning of the law, Mr. Scott argued
that the act of 1909 gives the election court
full power to take any steps necessary to
enlighten Itself as to what the vote actually
was. and does not have to accept returns
made by election ofllclals.
Judges Martin and Flnletter ruled that
election contests could be heard In th
Election Court.
Twenty-three ballots similarly wer
thrown out In the third division of th
Fourth Ward, according to charges by
Town Meeting leaders, who said that mora
than enough votes were thus vitiated
throughout the city to assure the election
of the Independent nominees -tor the "row"
offices. Many of the 4C.00Q otes that wero
not recorded In the returns, they said, art
accounted for by the wholesale throwing out
of votes that the Supreme Court has passed
(,-n as legal
VARE-SMITH MEN AHEAD
IN MEADE PARTIAL TALLt
InCompleto returns on the vote of Phila
delphia BQldlers Ktves the Organization
nominees a slight majority, which Is con
tested by the Town Meeting party, Follow
rontlnnrd on Tan Ten, Columa i
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