i.. ' Hi .xV , - o ' ,iii, i'W i.. jy A ... jvy yJ' L"V. ' V 'tKi DECLARES 7-CEtfT-FARE . - DECISION CANNOT, STAND Lawyer Says Contract With P. ,2?..Z,. Antedates Creation of Service Commission City Solicitor Can Block Increase TiiorMt. Iii tli nucstlon of trolley . spcms still to' bo ncutc and tho" rights of tltc company, tlio city and the Mrvlce commission find their chain 'nlons from every hurIc. .The fo1lwinit letter -rom n well-known lawyer who has represented the city In imiwtant cases presents nu' argument from a lecnl stundpoltit nnd tiro writer evidently feels that thp fare decision recently handed down will not stand, tho test of the higher courts. Jo the VtUlor of the Ever.tnp rubllc t.tiaeri In your editorial lastl Friday under the heading "One Contract Disregarded the Other Is 'Sacred.' " You nny: "At tho present tlmo every official authority seems to admit that a public utility contract can bo .disregarded when a public scrvlco company seeks a higher rate of pay for Its service." Xow It seems to me that you unln tinilotially do an injustice to the Coun cil of the city of Philadelphia in making that sweeping statement. Not only did tlif Council consistently refuse to give Its consent t6 any chnugo In the con tract obligation of the P. It. 1, but It expressed its opinion Hint no such change could be lawfully made by in structing the city solicitor to oppose arty iucreaso In the existing rntu of 'Wo therefore have one public, bo'dy that believes that the people havc.cquul rights with the stockholders of private corporations under a lawful contract. It now remains only for the city's Inw officer to act on his instruction and titer an nppenl In tho superior or the fciiprenip court from the seven -cent fare order of the Public Service Comniis tion. The existing contract between the city and tho P. It. .T. wns executed by authority of nu act of Assembly. It has all the "sneredness" that at taches to tho contracts of tho under lying companies, nnd is protected by the Mmo constitutional guarantees that arc Invoked to safeguard tho rights -of tho stockholders of- those priviito corpora tions. There has been no ruling by the courts of Pennsylvania that the Public Service Commission cnu Impair the obligations of such a contract. That Is the very question that wns argued before the Supremo Court this werk nn the nppenl of tho underlying companies from' the order of this com mission which nffected their contract rights. It will not be settled until the Pupreme Court, nnd perhaps tho Supreme Court of the I'liited States, has finally determined the power of the commission In the business. "With the commissioner's power to impair tho obligation of a', lawful contract, then pending 'In the courts It Is not to bo suntioscd that the law officer of the citywlll permit its scVcn-ccnt fnro order to go into operation. He will undoubtedly act on his In structions from Couucll to oppose' nuy Increase In the existing' rate of fare nnd file on nppenl from tho order of the Public Service Commission asking for a stay until the rights of the parties cnu be determined by the court. , - It Is i',i-entlnl to keep in mind the fact that the city's contract antedates the Public Service Commission -laws by several years. The state- and other federal constitutions botli protect that contract by their provisions that "no law shall' be passed impairing the obli gation ttf contracts." ' . ' There seems to be n misapprehension In Borne quarters ns to thq decision of the Supreme Court of Pennsylvania In the Scrantou case. The city of Scran ton nppealed from nn order of, tho Pub lic Service Commission increasing the rate of fare, claiming thnt it Impaired the obligation of a contrnct. But, in that case, the fare fixed by the city of Kcrantoh wns a condition attached to Its grnnt to the street car cbmpanies. of the right to construct their lines over Its streets. In that case the Supreme Court held thnt no contrnct existed for tho reason that the power to fix a rate of fare had never Leon vested in the city of Scrnn ton. Thnt decision docs not touch the case of the city of Philadelphia. By the act of assembly of 1H07 the city was ex pressly authorized to enter Into it con tract with passenger railway companies. The existing coptrnct was executed In mirsunnco of and by authority of thnt law. It is therefore a lawful contract and Its obligation cannot be impaired by any subsequent law. As all Public Serv ice commission ncis arc suuscqucm to the date of tho city's coutrnct with P. B. T., It follows that they gave that commission no power or jurisdiction over that' contrnct. The city's law officer is perfectly nware of this state of the law and It is only fnir to await his action under the instruction he lins received .from tho Couucll to oppose flny Iucreaso In the fare. He may be relied upon to see that the order does not become effective on November I. For before that date he will have filj-d his appeal and secured n stay until the court can hear nnd determine the rights of the people of Philadelphia under their contract with the Philadel phia Bapid Transit Co. JUSTICE. Oct, '22 nvcnuo and Nlcetown Junction, and between Veon street nnd Chelton ave nue has been put down. Bui there jU remain over seven nnd n half miles to bo repnyed at an rstltnntcd cost of $025,000 ., s Other Improvements Planned 'Ono 'of ihc most Important streets demanding attention is Fifth streets It has in part goqdpavlng. From huzerno Unrinv, fJnrdrn. n distance of three and nhdlf miles; and from Walnut street to Snyder.avcnue,. more than a mile. nnd a 'half, It should be repnved. ltvquld relievo, the, crowded traffic bri Market street, nnd the total cost of .the lyork would, amount in round numbers to mn linn. Bnco'and,CallowhlU streets, are In cluded "In 'tho comprehensive scheme of the department. Tho repaying 6f these streets from uroan 10 mc 'UtinHuri' river would directly divert much travel now' tiBlng Arch nnd Market streets Vine street from Broad to "Delaware nvcriuc will bd completed this year. With the repaying of Unco and Callowhlll. nnd Improvements at the eastern 'end of Spring Onrden street nnd Fnirmount avciiuc, all the streets from tho lnttcr avenue to Spruce street and running east from Broad would be in such, con dition as to' Invite traffic of nil kinds. Tho ubovq is only a partial outline of tho plans of the department. West Phil adelphia. South Philadelphia and the northeast avenues, whose. Improvement would relieve congested trnlBp and with emnntli nnv nc would render travel nnon thoin a joy to the nutomoblllst, will .bo considered in another nnd Inst article on this vital subject. Woman Reported Missing Pollen have been asked to search for Mrs. .Emily "Wilm, 122a Cnbot street, missing since October 11.. According to relatives, Mrs. Wilm said she was going to Detroit, but failed to arrive there. FlRE IN READING OlL TANKER A fire of unknown origin, starting In the hold of nn uncommissioned oil tanker at Pier 2.", Delaware nvcniic and Ca'llowhljl street, early' today, caused cxcltc.mcnt along ' tho water front until It was extinguisneu vj n nr company. Tho firo wns discovered by wharf employes, Who saw smoke pour ing through the tanker's portliocs. The boat, which belongs to the Philadelphia and Bending Bnllwoy, was only slightly damaged. Patchwork Paving All Now Possible fonllnufd from Viiko One now demolishing the buildings in the line of extension of this avenue to u width of 150 feet from Fnirmount ave nue to Laurel street, nnd will tnrt con struction work on this part of the ave nue early next year. The $:.000.000 loan to be voted upon this fall hna nn item of ?7t"0.000 for fcriiring property for the extension of the avenue from Laurel to Dyott. streets. It alo includes nn Item for its repay ing from Snyder nvenuc smith to 'the great (Jnvernmeut piers at the foot of Oregon avenue. Port Needs Tills Repaying With the tremendous increase in the business of the port, which is making Philadelphia the secoud port iu the I'ulted States, the improvements sug gested are almost-imperative. The repavlug of Delaware nvenuc from tjucen street to Fnirmount ave nue, n distance of. one nud.threo.-(iinr.-ter miles, will not only furnish a wide, vell-pncd thoroughfare from Snyder tiH'iiuc to Fairmount nvcnuo, but will villi the extension to Laurel street on the north and to Snyder nvcnuo on the fouth give four miles of a splendid high way for all kinds of traffic from Oregon avenue to Girard avenue. A little later it will reach all the way to Dyott street. From Cramps shipyard on the north to the government 'piers nt the foot' of Oregon avenue, there will bo a route ef four nnd n half miles flint Is uow not In like. .It will be of Immeusureuble advantage to those trucking to nnd from the wharves to the center of the city. It will furnish n highway for pleasure cars that now stream iuto tiie city along Broad street and cust on Market, Arch nnd Chestnut. It will furnish n direct route to West Philadelphia by way of Oirurd avenue, cutting out much of the traffic down Broad street and down Market street, thoroughfares no? used by practically all motorists. Our Natural Highways nidge avenue is a naturul line of traffic now used ouly as a necessity, due to rough paving. It Is the only outlet for the Brent manufacturing enters in Matiayunk which aro com pelled to use it as far f.outh as Alle gheny nvcnuo, where they branch off to add to the existing congestion. Grays Ferry nveiiun is the most con venient means of reaching southwest IlNlfflt Rummage Sale 11S3 C1IK8TNUT STKKOT Of! flrt. 7 it awl n Oil fAu. an i v Iiabttf. 1i!Jb!Ii?J",(" Uf0atimtnt ot " 1 W.'J'.n i 'wue.twl nn tliln. erj thlnt. llfnf tend on Turtdajr. Oct 20 to . "33 CHKSTNUT HTIIEKT Philadelphia from South street over the bridge to Woodlund nvenuc. If it were placed in tirst class condition at would divert n large amount of traffic from Market, Chestnut nnd Walnut streets. It. is two miles from South street to Woodland avenue nnd the repnving cost lu nutlmntn.l nt SflO (100 (iermnntown avenue is file ' qld natural highway to Beading, Pottstowu nnd Norristown. It is ns old ns tho city Itself. There is u tradition still maintained that somo of tho original paving remains in the street. A good many nutomobilists traversing this highway are ready to swear to their belief in the trutli of the claim. The Bureau of Highways denies It, It is'n fact, however, that owing to the rough, uneven and thoroughly dis reputable paving this great diagonal '.avenue of traffic from the center of the .city to the northwest corner" of, the county, Is unused 'except In spots. And then it is only from necessity. A certain amount of modern paving, ns between Montgomery nvenuc and Erie nvenuc, between Hunting Park W UNSING M WHEN you shop for winter underwear for the family-you"3re assured of the utmostquality, com fort and economy, simply by saying "Munsingwcar." Millions of people find it worth while to ask for Munsingwear instead of underwear. Made in everywanted style and fabric for men, women and. children. Get your winter supply now. , Let Munsingwear' Cover You With Satisfaction. No Mail-Order Advertising Buttcfick magazines carry no mail-order ad vertising, We believe that the distribution of merchandise can be best effected through retail stores. ,Mr. Julius Roseriwald, president of Scars Roebuck & Company, recognized as the genius of j'the.mail-ordcr business, said recently that the mail-order business is a forced and unnatural one and that the retail store is the logical place to buy goods.. The public generally undervalues "service." To shop conveniently has become so habitual that we don't realize our dependence on pre arranged stores for our imniediate wants. If you had to wait for everything to come after an interval of from three days to three weeks from a distance, you would think the arrangement intolerable. Even thesmallest store can carry goods of world-wide reputation and standard prices, and almost literally "if is just around the corner." idterit3)tff spucc in' the Buttenck Publications in for ealc through accredited advertising agencies. B'Utterick Publisher The Delineator u , , The Designer x Everybody's ($2.00 a Year) Magazine ($t.7S a Year) AHVKKTIHKMKNT AIIVKKTIAKMISNT liC3,Z It was at a suggestion of tho Women's Roosevelt Memorial Association thnt Mayor Moore took action to commemorate the birth of Theodoro Roosevelt on October 27 by the dedication of tho Roose velt boulevard. None are moro interested in doing honor to the memory of this great American than the proprietors of. the Chestnut Street Shops. "&v6fc?we1 EDMNj.SCHOETTLi&Od BM30XESM 1 PHIlLfr. SHEETROCK. m1 Era wr WALL BOARD Easy to Erect A uniform tlieet of pure typium Jck, lakes nny decorative treatment. " can be papered, painted or paneled. Jier it what you wanted wulle nnd celllnri that lny put rrcurdleu ot 8) KKTIIOOK U fireproof. An In "uutor of heat, makes the bulldlnr " In summer, warm In winter. .. J18" construction, nlterntlaua nnd "pairs cont U actually Ut than tlmt rll, umatltfnctory wall bouriU. Large Stock pf, AH Sizes PEARCE FIHEPROOF CO. NE. Cor, Broad and Arch 8U. . THERE is no doubt about it good-looking gloves are the last thing a man can afford to do without at this" time of year. Buckskins, in both butternut and natural color, are decidedly in favor this season, and I saw some very good-looking ones at tho store of MacDonald & Cnmpbell, 1334JG Chestnut Street. They have a very fine assortment of gloves, and they sell only those of the very best quality and workmanship. I was surprised to discover that they are priced so very reasonably, lt.avy cordovan capeskins wear very well and the mochas are warm and com fortable for winter wear. Tfio soft, heavy chamois gloves are always in good taste, too. MacDonald & Campbell's gloves rango in price, from 53.75 to $7. I N tho nineteerth century a cer tain man named William Mor ris declared that the utensils and implements we. use in our daily tasks should bo not only useful, but beautiful as well. And in this cen tury we seem' to be coming much nearer to his way of thinking. Tako Pyrex transparent oven dishes, for 'instance. Certainly, no more prac tical baking dishes have Dcen in vented. They absorb tho oven heat quickly, thus saving fuel. They save food, for less expensive meats and vegetables cooked in them re tain their color and flavor. They save labor, for they aro easy to telean, and they never discolor, dent or chip. And withal, tney are Beau tiful, well worthy a place beside one's finest china and silver. Thoy are sold by J. Franklin Miller, 1012 Chestnut Street. iQ HE looked exquisite, with her r arms full of lilies, in a moy. - en-ago gown of white satin nearly covered with yellowing rose point lace," reads the description of the bride's costume at a recent fashionable wedding. And, of course, her ring came from tho store of Bailey, Banks & Biddle Company. Exquisite, indeed, is the tiny circlet of platinum and diamonds, worthy complement of the engagement ring set with a Polished Girdle Diamond. This Polished Girdle Diamond, you know, is exclusive with the house of Bailey, Banks & Biddle Company. It is perfect in color, nnd the cut ting and polishing are done accord ing to a patented process which brings out as no other method could the exquisite beauty of the stone. THERE is an air of chic decid edly Parisienno about the frock of black chiffon velveteen nt "Millards" Dress Shops,.1337 Chest nut Street nnd 127 South Thirteenth Street. Such touches of individual ity as the clr6 ribbon girdle and tho "slightly different" way in which' its black silk brad trimming is ap plied set it apart from other after noon dresses that I've seen this sea son. Its price is $30. Ch6ruit in clines to Oriental lines this seasonr and likewise, a fino French serge frock at "Millards" has neck and sleeves cut a la chinois. Its em broidery, too, is Oriental in in spiration. It comes, in navy blue, with embroidery in Chinese red or Adriatic blue. It's the sort of all day frock that you can wear shop ping in the morning nnd to a tea in the afternoon. c USTOM-TAIkORED 'thaword has an "expensive" sound, yet it does not always mean that clothes are prohibitive in price, Chas. Adams Co., tailors, 1617 Chestnut Street, are making suits to indi vidual measurement at most reasonable prices. d 1 Its and overcoats, ve to have his clothes made to measure for fear that the price Svill be beyond materials used are of excellent quality an man who is dissatisfied with readyTmade ults and overcoats, Not only that. but. the unusually good colorings. Any et hea icsitates his reach, would do well to visit th .store 0f Chas. Adams Co., where ho will receive courteous attention and will find that his clothes will be tailored to his entire satisfaction. The store is open on Mohdav and Saturday voriings. mnewm aa ' j-njt.xm ngjuim.n 1 mwuiMsmwnt ii.m. ri ,. THE W ARMY TEACHES TRADES F Figure up the time-it would take you to become a good machinist and. what it would cost you for board arid clothes and all the other expenses while you were learning. If you could get paid while learning have money in your pocket at the end 01 every month ana no bills to settle wouldn't you call that a good job ? Well, that's the kind of a job the Army offers you. You earn a good living and while you're earning a good living you learn to be a skilled man in one of a hundred trades. There are few better jobs open these days. Ask a recruiting officer to tell you when you can begin , and where. EARN, LEARN and TRAVEL paM BUSINESS HOURS NINE TO FIVE THIRTY DTN RAWBMDGE & CLOTHIER Economy for Men OUR prices as based upon cost of merchandise this season have been absolutely fair, and th e sweeping reductions in prices now being made in these departments involve a sacrifice of the greater part of the legitimate profit without which no business can continuously exist. But, while manufacturers' prices for this sea son were at the peak, there are signs of a future decline, and we are giving our customers the advantage of reduced prices NOW, reducing stocks to be ready to go 'into the market, hoping to pay less for goods than we have been paying. Our Entire Stock of Men's Suits Now Reduced This includes every sack-coat Suit, from the'low est priced to the finest and that means the finest ready-to-wear Suits in America. Every HART, SCHAFF NER & MARX Suit, every "ALCO" Suit, every STEIN BLOCH Suit, and every Suit from every other maker represented in our matchless new autumn and winter stock. Suits That Were $35.00 to $95.00 Now $22.50 to $71:50 These Suits have the new price tickets in addition to the tickets they already bore and you can plainly see the amount of the reduction. Also, Special Lots of Suits Worth $35 to $65 Now $19.50, $25.00, $31.50 and $44.50 1000 Winter Overcoats that Were $40.00 to $75.00, Now $23.50 to $54.00 Trousers worth $5.00 to $16.50, now $3.50 to $12.75 Jr - Strawbril & rjolhlcr ScroM Floor. ICait Our Entire Stock of Men's Shoes and Oxfords Reduced This includes every pair of High Shoes and every pair of Low Shoes in our whole great stock the smart new Autumn styles from the James A. Banister Co. and the new models from other equally famous Newark manu facturers. Every pair of fine bench-made, custom-finished Dress Shoes, all the swagger Brogues and winter-weight Oxfords, all our high and low Golf Shoes, all the Buckskin Sports Shoes $8.50 to $22.50 Shoes, $6.75 to $17.50 All (he Shoes from our regular stock have a new price ticket in addition tn the regular ticket, showing the exact reduction. THE SPECIAL LOTS that had already been reduced have a ticket showing the reduced price MANY WONDERFUL VALUES. A few Examples of the Reductions Dark Brown Brogue Shoes, full wing tips, perforated (were $8.50) now $6.75 Black Kulslcin Blucher Shoes, full round toes (were $16.00) now $11.50 English-last Shoes, chestnut or gun-metal calf (were $16.00) now $11.50 Tan-grain Brogue Shoes, full icing tips, double soles (were $16.50) unw .it i. inn Brogue Shoes, of mahogany-colored cordovan (were $19.00) now $15.00 Banister Shoes, of calf and cordovan (were $21.00) noiu $15.00 and $J6.00 Golf Shoes and Oxfords (were $0.00 to $lJf.00) now $7.50 to $12.00 .- HtrawbiMin. K Clothlrr nichtli mid nibort 8trt Extreme Reductions in These Small Lots of Standard Rugs Every Carpet-size Rug in our entire stock has been marked at a reduced price for the Semi-Annual Floor Coverings Sale now going on. However, for to-morrow, we have prepared an EXTRA attraction one that will prove notable indeed. From our stocks we have selected 40 Rugs of which there remain but one or two of a kind. These will be marked at CLOSE TO HALF PRICE to-morrow. Their speedy clearance is thereby assured. The details Six fine Wilton Ruga, 6x9 fret now $HT.5() One fine, Wilton Rug, GrO feet non $.',T,50 One fine Wilton Rug, SJxlo.G feet now $110.00 One fine Wilton Rug, 8.3x10.6 feet now $05.00 Three fine Wilton Ruga, 0x12 feet now $125.00 Two fine Wilton Rugs, 0x15 feet now $175.00 One Wilton Rug, size 0x15 feet now $125.00 One Wilton Rug, aisc 0x15 feet now $115.00 One Wilton Rug, size 10.6x12 feet noie $05.00 Two fine Wilton Ruga, 10.6x12 feet now $tT5.no One fine Wilton Rug, 10.Gxl2 feet now $135.00 One Wiltone Rug, size 10.6x13.6 feetnow $05.00 One fine Wilton Rug, 10.0x13.6 feet now $185.00 One fine Wilton Rug, 10Jxl3.6 feet now $145.00 One fine Wilton Rug, UJxl2 feet now $185,00 One Wilton Rug, oize 11.3x12 feet now $125.00 Nine A r minuter Ruga, 11.3x12 feet now $55.00 Two Wilton Ruga, .tize 11.3x13.6 ft. now $115.00 Two fine Wilton Rugs, 11.3x15 feet now $105.00 One fine Wilton Rug, 10.6x10.6 feet now $135.00 One Wiltone Rug, size 10.6x12 feet now $75.60 !?:. Mru'v'jrlitBe A Clolhlr Kourlli Kloor. Wt OF EXTRA INTEREST IN THE LOWER-PRICED DEPARTMENT Printed Cork Linoleum Remnants 65c square yard Short nnd lonjr lenRths V Hlrnwhrlilgr A Hnthlr -Knurlh Klonr, Filbert Blrwt Strawbridge & Clothier EIGHTH STREET FILBERT STREET MARKET STREET "J .4 V !-1 j'ij W t m Tl l 11 n v l . JfJ I T 7 Wr k'l 1, -- ., 1 " ' L a rJ.A S.. . .J i A. - . , ft- i ' iffp A&dttUBtitt; ithSfcAitoi&i mifoudS'Sa gfrxoAjBAftowttfr.d i2i:kSid '., 'y s'liAM,