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PHILADELPHIA,
MONDAY, JUNE 3, 1918
Ii
'?1
taMH
n.
miy
A
M
QQ
COMMISSIONS GIVEN
TO AVIATION OFFICERS
WENT AT SCHOONER ' 3000 naturalized in year
COLE IN GRIM MANNER ( 100SnSiK
Twelve Philadelphia Student , Qf f iccr of gubmarinc.s Viclim
Fliers at 1 raining Lamps
Arc Advanced
CITY LIBRARY
CONTRACT VOID
Supreme Court Reverses
Award for Building on
Parkway
$2,535,000 JOB HALTED
Clause Prohibiting Use of
"Outside" Stone Is Held
Unconstitutional
The contract awarded to John (5111 &
Son for the construction of the new free
library building along the Parkway for
$2,535,000 was declared lnalld by the
Supremo Court today.
The opinion was by Justice Frazer
reversing Court of Common Pleas
No. 4 In the taxpayer's suit of
Walter It. Taylor against the Major,
City Councils, the trustees of the Free
Library of Philadelphia and the con
tracting firm of John Gill & Sons, to
have the execution of the contract for
the new building enjoined, on the ground
mat me ordinances of No ember 26,
1894, together with the amendment of
December 28, 1895, were Invalid, and
that the act of July 6, 1917, passed
specially to alldatc these ordinances
was unconstitutional. A demurrer was
filed to the suit on behalf of the re
spondents, which the lower court sus
tained. The appeal was then taken to the
Supreme Court on which Justice Frazer
upholds the contention of the plaintiff,
both aB to the ordinances and the sta
tute. City Cut Stone tide Crux
The main point at Issue was whether
or not specification that work of culsiig
and preparing stone used be dotyin
Philadelphia was "special and locaV?eg
islatlon" .as forbidden In the State Con
stitution. "If the municipality may require stone
cutting to be done within Its boundaries,
tt may also extend this requirement to
all materials and supplies, and provide
for their production or manufacture
within Its limits," Justice Frazer points
.out
"An escape is Impossible from the con
clusion that such action would result in
a regulation, of labor, trade and manu
facturing, and must, consequently, be
special legislation within the meaning of
the Constitution
"The act of 1017 being eliminated !U
remains to consider the alldlty of the
ordinances themseles The reasoning
upon which the act of 1917 is held un
constitutional cannot apply for the rt-a-son
that ordinances are not laws within
the mednlng ofhe constitutional preci
sions prohibiting local or special legisla
tion. Consequently the only question Is
whether the ordinances violate the provi
sions of the act of May 23, 1874, and the
act of Juno 1, 1886, requiring all work
and materials furnished to the city under
contracts to be let to the lowest respon
sible bidder.
Deemed Local Legislation
This right has never been passed upon
directly by the appellate courts of this
State, says the Justice, although in an
analogous case, Frane vs. Felix, the
Supreme Court held that a pnnlslon
requiring employment of no one not a
citizen of the United States and to pay
not less than a stipulated wage per day
to be Inconsistent with legislative pro
vision that municipal work be let to the
lovest responsible bidder.
Justice Frazler then refers to a num
ber of decisions which he compares with
the present facts and conoludes:
"No case has been found which is di
rect authority to sustain the alldlty
of municipal ordinances such as are
here In question where the effect Is to
conflict with an express statutory pro
vision requiring contracts to be let to
the lowest responsible bidder. That the
cost here has been Increased because of
the ordinances cannot be disputed In
lew of the difference In the bids of both
contestants. From what has been said
the judgment of the court below must
be reversed. The record Is remitted with
directions that the bill be reinstated with
a procedendo."
Injunction to Follow
This means that the lower court wHl
new undoubtedly Issue an Injunction
restraining any further progress on the
construction of the new library building,
wcrk on which has already been begun
The two lowest bidders for the new
library building were George A. Fuller
& Co , and John Gill & Sons, the bid of
the former being 82,570,000 subject to a
deduction of 8155,000 If the provisions of
the ordinance requiring the Btone to be
cut In Philadelphia was eliminated. The
letter's bid wbb 82,535,000 with a de
duction of 8110,000 If the same provision
was excluded. The bid of John Gill &
. Sons was accepted as being the lowest
responsible bidder for work done within
the city. The bid of Fuller & Co., how
ever, was lower If the provisions of the
ordinance were eliminated. After the
bid had been awarded, Taylor, aB a tax
payer, applied for an Injunction.
This was the Becond taxpaer's suit
against the" library contract, the first
aK ' ' A
1 -k - i A
DIRECTS RITZCARLTON
l)aid II. Provan, managing direc
tor of the Ailelphia Hotel, who has
been appointed by Joseph E. Wide,
ner 89 his personal representative
in the affairs of the Ritz Carlton
NURSES RESPOND
QUICKLY TO CALL
Drive to Enlist 1461 in City
for Red Cross Duty Gets
Good Start
SEEK 15,000 IN NATION
2K1 4 1'alrhlU
Mclriw 1'nrt. Pi Rt
6701
1310
tlrrstner nM
Rwarthmor Pa .
2120
2261
C.?rstnr Field.
havlnc been dismissed by Judge Patter
son in Court N'o. 1, on different grounds.
When the first suit was heard the ques
tion of the legality of the old ordinances
was not gone Into and determined, but
the case was decided on the question
whether or not Director Dalesman had
the right to change the specifications
permitting alternative bids to be made
by the contractors basing their estimate
on stone cut both in -and outside of the
city.
The Supreme Court, In this case, held
that the Director had no such right un
less all bidders were notified at the same
time.
INCOME TAX BILLS SENT OUT
Ledcrer Beliecs Returns Will
Net Over $125,000,000 for District
Collector of Internal Revenue Lederer
announced this morning that nearly all
the Income tax bills have been sent out,
with tho exception of those to be sent
to holdlers June 15 is the last da
for payment.
Collector Lederer recently said he be
lieved the total income tax levenue
from the eastern district of Pennsyl
vania would reach $125,000,000. Today
he expressed a. belief that the total will
go far enough over his Initial estimate
to buy at least two destrojers.
Many letters have been jiourlng into
the collector's office giving him tips on
persons who have not declared their full
Incomo for last year.
To avoid missing any possible chance
to uncover a tax slacker, Mr. Lederer
made Investigations of nil the anony
mous complaints and found many of
them to be true, with the result that
the slackers were forced to make true
declarations of all their 1917 earnings.
WAITERS ASK AID OF U. S.
Philadelphia Alliance Wants Secretary
Wilson to Act
Secretary of Labor Wilson has been
asked to Intervene In the differences be
tween the Walters' Alliance and the
Philadelphia Hotelmen's Association.
Members of the alliance threaten to
strike unless their demands for an in
crease of about one-thlrd In wages are
granted. These demands have been for
warded to Colonel Mahlon Newton,
president of the Philadelphia Hotelmen's
Association, but to date, the waiters
say. It haa been ignored.
Members of the Walters' Alliance say
that most experienced waiters and bar
tenders in hotels receive 830 a month
and meals, exclusive of tips. They now
ask for ai minimum wage of 840 a
month and a ten-hour day. Four thou
sand men, It Is said, will walk out from
hotels late this month unless some means
Is found to effect an agreement tnrougn
arbitration. Secretary of Labor Wilson
Is expected to act before June 15.
To supply the Pennsylvania-Delaware
division's quota of 1461 nurses for the
Red Cross, a ten-day campaign opened
today. More than 16,000 nurses Is the
total aimed at in the nation.
At auxiliary headquarters throughout
the city committees were on hand ready
to enlist recruits, and the work made a
satisfactory beginning.
Nurses In every section of Philadel
phia and contiguous communities are
being urged to make every possible ef
fort toward volunteering for service with
the Red Cross.
People who are at present cmplovlng
trained nurses are being called upon to
release them for duty w Ith the Red Cross
Committees are being lined up to get In
touch with all the nurses suitable for
this work, and to call upon them to enroll.
This call, emphasizing the duty of all
persons employing nurses, has been Is
sued by the Red Cross-
"To release for service In the armv and
navy nurse corps as a pressing military
necessity, every nurse whose services
pre not Imperatively needed at home.
"This military necessity devolves di
rectly upon every person employing
nurses where th dictates of lire or aeam
or the utmost phjsical necessity do not
demand them.
"If )ou are emplojlng a trained nurse
largely as a companion. It Is your duty
to release her."
Within ten dajs it is planned to
reach rvery nurse who has graduated
from a recognized training school for
nunes and to bring before students In
hospital training schools th lmmcd
lati needs of the army and navy.
A direct appeal Is to be made to grad
uates of women's colleges and high
hf.uols to enroll Immediately as stu
dent nur'es in hospitals, and especially
In the army school of nursing recently
established by the army in connection
with military hospitals This army
school of nursing offers women the
opportunity of nursing sick and wound
ed men In military hospitals, and at the
same time the opportunity of completing
the course of training and enable them
to become graduate nurses.
TELLS OF EDUCATION AIDS
t
Silas S. Ncff Talks to Business Science
Club
The necessity of Initiative and imagi
nation in addition to education was
pointed out this afternoon by Silas S
S'eff In an address before the City Busi
ness Club at the Hotel Adelphla.
Interesting details of life in the
trenches were given by Waldo A. Ross,
of the Blrtlsh-Canadlan recruiting sta
tion. William F. Wilson presided.
EMPLOYERS' OPPORTUNITY
TO SECURE
THREE COMPETENT MEN
Three men, with an unquestionable
record as to ability, character, etc.
(present connection non-essential line),
contemplate maklne a changei
Our general experlenco lie alone the
aelllnff and managerial line. Connden"a
assure us of our capabilities of reach
In into broader fields. Character of
business or position no object. Prefer
Joint connection, but will consider other
wlaa. An Interview would probably be of
mutual Interest. Address
r
nuaiub yAf"
n
URRYfer
ERAS
DEVELOPING G PRINTING
-THE BETTER KIMP
FRANK J.CURRY
THE CAMERA SPECIALIST
812 CHESTNUT STREET 812
Major Oencral Henry P MC'iln, ad
Julanl general of the army, has an
nounced the award nf. commissions In
the aviation corps to twelve Phlladel
phlnns who have been training on tho
flying fields In the United, States Com
missions nlso hnvo been awarded to
men qualified for -peclal technical
service. The 11st Includes:
Second Men-tenants. Aviation Section
Slennl Corp
TtAt'GHAN. STIiniKV DKCATUH I., 2t3
Pine Rtreet. at Rich Fl-m
BOND, Wtt.Vtim KRfSKN.
street, at Tail rielrt Tes
OI.AV7. PARI, (
Park nem. icnn
hewitt. nonnrtT rnvrtosn in Dur
ham utreet, at Call Field. Tex
MrCArFTtKY. .TAMRf AUOUST1NE 14
South Fifty-nrt street, Grestner Tleld.
T.B
MrnOVAl,D. GF.OP.OK CLEMENT,
l.anedonne t venue, Rich TleM
KAt'OM!. PRANK SHEIlltUHMi
i South ltv.flfth street
A1NSWORTH CYRIL,
Kellv Field. Tex
CAMPIlBI.ti WALTER MELVILLE
North Carlisle street, Park Held
FRtDAT ELLSWORTH CLEVEVPTEIN.
34M KranUford avenue Orstner Field
SCHEETZ. JACK T, Wjncote. Ta , Rich
SHELDON. CARROt L EUGENE
North Thirteenth street
Flrt Meiileninls. Mrdtrnl Beserv-e Corps
.MrCANDLlSH HOWARD SHIELD Phlta-
ilrlphta Gonerj! Hopltnl
SC1IAI11NOER, CHARLES. 122S Llndley
avenue
Dt'Rvniorr Leonard clamor Phila
delphia General Hoipltal
Captain, Infantrv, National Army
DUNCAN, STEPHEN GARDNER 0386
Church road
Second Lieutenant. Knulneer forpi.
National Army
DUNN. JOHN STRUrHERS 330 anton
street. Germantown.
r.vns. HERIIERT, Jenklntown
SCHLESS, JACOH T., 40t Ilaltimore avenue.
TOMMNHOV, HOWARD E . (00 South Fif
teenth street.
First I.leutesnl, Ordnance Department,
National Arm
BOWMAN, WILLIAM MENGEs 3S21
Spruce street.
SOVIVIERS, PETER J 201 West York
Ftrcet, Philadelphia
FIGHT DEPOT MERCANTILE TAX
Atlantic Refining Company Con
tends Branches Should Re Free
The Atlantic Uerlning Companj has
appealed to the Common Pleas Court
from the decision of the Board of Mer-cs-ntlle
Tax Appraisers, which held that
the company wds liable for the pajment
of a mercantile tax as a wholesaler and
retailer at Its various depots and dis
tributing stations, In addition to Its place
of manufacture
The taxes sought to be collected by the
Commonwealth, through these proceed
ings, amount to several thousand dollars
The company also filed a bill In equity
against the mercantile appraisers ask
ing that they be restrained from making
any assessment against the plaintiff
upon, or In respect of. or by reason of
anv of its products so manufactured
and delivered by It In Philadelphia
County but not sold at a store apart
from Its factory, for the purpose of
vending goods
Similar proceedings were started bj
Swirt & Co, meat dealers. In tak
ing an appeal from the Board of Mercan
tile Appraisers, which also attempted to
assess a mercantile tax on Its depots In
this cltv and reported an assessment to
the State
Gives Vivitl Account of '
Experience
n tlnnlli- Port, .tune S
Tlrst Ofllcer Robert l,alhidges, of the
Ametlcsn schooner IMward II Cole, sunk
by Oerman t'-boits off the New .Tcrj-ej
coast jevlerdav, this afternoon gave
the following vivid account of the Cole's
evperlenre with tho suhimrlncs
'The C!erm ins went about Ihelr work
In a grim and Ihoroughlv liuslnes-llke
wav. The niiMed no woid- in
fonnnlitv and afked no questions
"We weie brcczine; along nt three oi
four miles hniirlv when -omethlng blai k
loomed up abutil ii mil? lo port It
was n Herman t'-boat Then .1 vcrond
IJ-IhvU bobbed un nbout .'0 V irds to
starboard I
'The l'-bo,it roinnnnrtcr sent out nn '
order In halt and we Mcnaled ,
" 'Wo are Americans ' I
'Qukk hs UkIuiiIiik the slcn il flashed
bark
' 'We are Herman
'Herman Hats then fluttered into view
and the submersible s commander came
on board and ald to Captain New-
conihe
J' 'You and jour men have Juit ten1
minutes to get Into virar boats' I
"'We ran make it in (he' Ciptaln
New combe assured him
"Well we got nwnv in good order and
rowed toward the Jeiev horr hoit
lv thereafter there was .1 tietnendous
explosion and the old Cole began t"
sink Meanwhile Hie other stibium Im
sighted a smudge of smoke on the horl
?on and started after hir prospective
victim.
"We drifted about for thiee houis and
were then picked up bv a coatwlje
steamer and brought here '
W S Holland, deputy clerk, United
Stites District Court, Issued the follow
ing statement this aftrnioon
' Slnro last June, SnoO foreigners have
been naturalized In Philadelphia One
thousand of these were Irish and Hug
llsh , T.'iii wero Italian, 730 were rtus
slan. in were Swedes, Norwegians
and .Swiss. 14 were Hreeks; and the
others were three Turks, two Mexicans
and one Wpanlatd-
' lleviden mis. b2 snlillei were natur
alized nt the loiat bureau within the
la-t month. Of these. T" nor cent were
Italians, IS per cent lilsh, and It per
cent llus-slan and Creek I
"Since the lirglnnlug of 'he war
papers of lion Austrian who applied foi
naturalisation have been held by the i
Government for Investigation '
$;
w
EDDING ANNOUNCEMENT
$. and Sin prr timidr-rd
i;i)AKI) OIU.ON
Formrrly v ith Tiffany f Co.
irn (iii.sTMi sinisKT
,m't filer and stationer
S
Devon War Relief
HORSE SHOW
JUNE 6f 7, 8 at DEVON
(peneflt Stain Line Branch Emeroencu Aid)
wm4afi7P
!
&,
feTwieS
RESTAURANT
"The Place for Meuks'
Hanked Sirloin,, i or ) CI 9K
Villh VcKetiihhVT""'',PJ--t
Tenderloin en Casserole, flfjc
Milli Veectiinles "
Special Steak, P. P. Pot., 40c
Hi t-o. Sth 218 No. 13th
Actrr C losrd
m
II
1
PAVE ELMWOOD STREETS
Construction in New Housing Sec
tion Starts Tomorrow
The city and the Kmergencv l'leet
Corporation, acting together will begin
construction work tomorrow on streets
In the new housing sertlon laid out in
the Fortieth Ward tor Hog Island work
men and their families
Work will be ftarted In Slxty-flrs,t
street, from Klmwood avenue to Hulst
avenue, under contract with the rtarboi
Asphalt Paving Companv Plans for
the work were prepared bv the Bureau
of Highways and llstlmates The con
tract amountH to $7000
Numerous" bill" are now before Coun
cils for the development of streets In
the Fortieth Ward
zn:
:,.&,.
Does Your Hair Fall?
If tills distressing condition pre
vails. Ulevveiivns extract, or can
thai Ides villi help to correct It
.save where the root-bulb is de
stroved It villi stimulate pro
fuse, vigorous growth of lustrous
hah
7." cents a bottle
LLEWELLYN'S
V Philadelphia's stand ml Drue store
1S1H rhestnnt strfft
l'ejrh teeth Hoe & Jljrrh ,V,c
rrmr..,.'--
ASKS SALARY FOR MILLS
Mayor Urges S1000 and Revival 1
of Old Position
A salaiy of J4000 for William n Mills I
In reviving the nosltlon of assistant
superintendent of police, was urged In a
letter bv Major Smith to the Finance
Committee of Councils this afternoon
in another letter Major Smith op
posed the creation of any new positions
anil all increases in saiary
ln his letter asking the re-Lreatlon of
the position foi Mills and the $4000
salary Major Smith said he had been '
Informed by Superintendent of Police
Iloblnson that he was unable to "do
Justice" to his position because of tin
large amount of work.
AVIIIiam .1. IcL'loskej, Common Coun
cilman of the Sixteenth Ward, after de
clarlng the Major's letters were In di
rect contradiction of each other and
stating he would vote against such a
move because "ou can't make fish of
one and fowl of another," had a change
of heart and Introduced a resolution
providing an appropriation of JJ000 to 1
pay Mills's salary for the remainder of
this j ear. I
lEy.BANKSSBlDDl
h A u MILITARY- NAVAL JEWELERS H, ( A
V HERA1UISTS STATIONERS MEDALISTS VV
PATRIOTIC EMBLEMS
Service Rings and Pins
American
Flags
Jeweled with
Rubies, Diamonds and Sapphires
FOOT AND LIMB
TROUBLES
Instantlr relieved
by our perlal areh
sonports. fitted and
adjusted by siperts.
Oop 8 f m les
Elastic Hoslerx tha
moat comfortabla
support for varl-
fosa veins, swollen
Imba. .weak kneea
and anklea.
Trusses, abdominal
and athletle sun.
nArtn nt all Irtnit,
mfrs. of deformity aoDllancea in1
Philadelphia Orthopedic Co.. 49 N. U'a Hi.
jLbI
L
Limn
jrmlty appllancea In tha world.
cut out and kD for rrrnc.-HL F. I
. fL Hardwood flfc
jfc FLOORS m
tPlNKERTDNJ
Hardwood floors, once laid, "stay
put." They do not warp or crack or
split, but retain their attractive ap
pearancealways. Satisfactory work
at moderate prices is my business
"How can a man think
in such a racket!"
jfBv
H
CLICK, click click, click, click
click, click, click the type
writer tattoos the air in a dozen differ
ent places at once, setting up a veritable
business Bedlam.
Concentration is out of the question.
Nerves are out of tune. Tired and dis
turbed literally boiling over inside, you
come at last to the end of an imperfect
day.
Segregation of typists is not the solu
tion. The so-called sound-proofing of
walls helps but little. The logical answer
to the writing-machine-gun nuisance is
found only in the Noiseless Tjpewriter.
This mechanical marvel is so in
geniously constructed that no noise is
cr.eated. The Noiseless is really noise
less, and it is a real typewriter in the
bargain. Write, telephone or call for a
demonstration.
The Noiseless Typewriter Compant
835 Chestnut St., Philadelphia
'Phone Walnut 3691
Write for
these booklets
"T h e Typewriter
Plus" describes the
machine, and "Why
I Like the Noiseless
relates the experi
ences of a number of
stenographers. Both
booklets free on request.
uVSLrLLLsLLBjSw
NOISELESS
Mann & Dilks
1102 CHESTNUT STREET
Qy
Reductions
Tyrol Wool
Ladies' and Misses'
Plain Tailored Suits
19.75
There are about 200 Suits,
mostly light colors.
Mann & Dilks
U02 CHESTNUT STREET
&
'AV
THE name "Ritz-Carlton" has always stood
as the hallmark of "Best." The terms are
interchangeable.
In the big cities of the New World no less
than in the Old, being a guest at the Ritz-Carlton
confers a distinction. And the best of each
city are Ritz patrons.
Philadelphians are a class unto themselves.
Somehow (through no fault of ours) we do not
know as many Philadelphians as we would wish.
We want not only to know more Philadelphians,
but we want more Philadelphians to know the
Ritz.
May we ask you, then, to come here, and in
a friendly spirit of rivalry compare cuisine,
service and prices, with the best you have found
elsewhere. We hope to surprise you pleasur
ably! Our Roof Garden is now open. It's very
pleasant, indeed and a little unusual.
THE RITZ-CARLTON
Broad and Walnut Sts.
Starting This Monday Morning
VT' w . .
r 11
AM
I ,
I .
Perry & Co. Announce
This Season's One & Onl;
$&
INTENSIFIED VALW3
SALE I
o'
Comprising Several Thousand
SPRING & SUMMER SUITS
all of Unquestionable and
Unqualified $25, $28 and
$30 Qualities
at the
One Uniform Price
$20
tt
d
j
f When we looked over the woolerV situation
many months ago with a view to planning
our regular Intensified Value Sales for this
Spring and Summer Season, we almost threw
up our hands in despair and confessed that it
couldn't be done. ALMOST but not quite !
We just stood by in readiness and watched
our chances and the Chances came!
J
Jl
nnnrrfnn !
i For spot cash offered at
moments, we secured here, there, and else-?
where enough goods at price concessions
$30 qualities from one concern, $28 and $25
qualities from another, to which we added t
staple goods already on hand purchased over
two years ago, making, all told, the quantity
of merchandise needed to hold one Rousing
Perry Intensified Value Sale. To supple
ment these price concessions and savings, w.e
sacrifice part of our own legitimate profits
a mn rihiift-M nlic?j-h1if4-Al MAAMnMM.. j. t-i- I
u ...... w .uuktwii imjujuiujr iitLcoamy j cnaulc
us to sen tntse suits in an Intensified Vain tf
Sale at the One Uniform Price of $20.
THE SUITS
81
B
m
'T'
Smart, youthful styles for young feUoWjltl
carlra4-A PAHcaM,4iiita pfitlAn i". M2Aa. J... ?-'-?.? i
owuai.v., wiiow ouvs oij'lta iui 4UICL UrCBeiZ-;
neat patterns ana aggressive patterns grayt'g
emu g.ojriou uiiAiuira, giccuo aiiu grccru"iv
iijiAiuica, uiuwiis aiiu uiuwiusn miXIUrfll!''!
blues and bluish mixtures; Blue Flannels, md-M
uiue oerges every one an unquestionable)
and unqualified $25, $28 or $30 quality, ahl',
all to be sold in this . $'Sj
27
& ft
T a. . 1 T 1 fl f
iniensinea vaiue aaiej
,s
at the
One Uniform Pri
tfn m
sayj . 'yjM
Ml
-' m
. . -..... . . '.a
Sale started this laonttmy Mmrm
&n
A-tzm
at Eight' o'Cleck
J
fr4&
KTi
Perry &
16th and CH
. - i
r-'T&
V-M
' . -jje
TYP'E WRITER
??i
, pax J zUt Mater lenirer,
1 mono,
-i- rr
3034WfTrk'SL"-iw:
' v.',2Tft
K&
n? "-'
rf $' J-p
ii'i .i" ' . i v jjt3i;
ii.f "-r i-s.
i j r e