Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-12-24
CHAPTER IX--CONTINUED


w ampton to New York in the CITY Of
.een Attorney General OF Massachusetts,;
Rufus L. Shapey the Philadelphia lawyer
who wrote solid for Mulhooly," and the
secretary Of Chauncey NJ. Depew. We
started in a stot y so fierce that the seas
swept over the upper decks and the h"tch-
way had to be closed and the passengers
locked below. much to their discomfort.
At the international concert, whose pro-
gram was printed on the vessel, I pre-
sided and made an address.
When l went to Europe at the beginning
of the summer vacation all of the matters
before the court had been disposed of, eX'
cept one, and upon that we had reached
conclusion, and Sul2berger and Wlltbank
promised that one Of them would write the
opinion. The Christian Science Church
had applied for a charter. In addition to
teaching certain theological tenets they pro-
posed to treat diseases through the instru-
mentality of "healers," who charged fee
for their services and advertised, seeking
business. After discussion all of the three
Judges were opposed to granting the charter
for the reason that it would be In conflict
with those statutes which make 1t a Grim
inal offense to practice medicine except
after study and upon a certificate OF the
Board OF Examiners. We determined 70
select some good lawyer, disinclined to over
look tho technique of his profession, {, little
set and narrow, closely associated with
some one of the orthodox churches, 50 as
to be certain Of an adverse report and
1,
felt sure that Henry Budd was our man
and we made the reference. After long
and careful study and full presentation
of the testimony he filed a thoroughgoinG
report recommending that the charter be
granted. Then there w3s court III trou'
BILE When l returned in the fall found
the case just where it had been left Sulz-
berger protesting that, since he was Jew'
if he had written the opinion IL would nave
been commented upon unfavorably' ana
Wiltbank, since he was known as a strict
churchman, urging similar reasons. Ihe
matter ended in my writing an opinion
overrulng Budd and refusing the charter
and by such a series of mischances | Sc
cured n place in Christian Science liter
ature. With the great growth in numbers
of these people and with the responsibility
which comes in two or three generations
after the accumulation Of such fortunes as
that of Mrs. Eddy. there promises to be
future in which | shall be regarded as
sort Of ntneteenth-century Ierod.
A Decision in Bicycling
1t was also my fortune to decide one or
| the very early cases determining the rights
| of riders of the bicycle. The law is fixed
] that one approaching a railroad crossing
must stop, look and listen. A man riding
| a bicycle came to n railroad where train
was passing. He did not get off, but rode
| around in q circle until the train had passed
and then crossed behind it. A train coming
| the other way killed him. His widow
| brought a suit against the railroad for dam
| ages, which was tried before me. l entered
| a nousuit and was sustained by the Su-
| nreme Court The newspaper organ OF
! the bicyclers published in Boston, said
| there was n great need of new blood on the
bench and that the Judges were lot or
old short-sighted and bandy-legged fellows
who could not ride bicycle if they tried
and who had no conception OF the pr,nci'
ples which ought to be applied to its use.
In March. 1898, Albert who was the pros
pective heir to the throne of Belgium
made n tour incognito through the United
states. He was a young man. neither tan
nor short, neither slender nor stout, OF no
distinctive color or manner and he MADE
upon the beholder no very decided impress
sion of any kind. j have already referred
IN the dinner which was given to him at
tho Relleyue At that time Henry j. Nc
Carthy. one of the Judges of the Court OF
common Pleas No. 3. had a method of after
dinner speaking which was very taking
and altogether his own. He familiar
,zed himself with the events in the careers
of the classic heroes-Agamemnon' Alex
ander, Caesar and the rest-and htted them
upon the men of everyday life in Phiadel
nbia Colonel Alexander p. Colesberry, a
s,,phtly made man, who gavs no lmores'
sior ~ strength, at that time United States
Marshal was at the dinner. Mccarthy
r,oda a speech in which he drew picture
of colesberry, with the language and In the
babi,iments of Caesar. stopping the rio'
raised by the recent railway strikers or
chestnut street. Albert listened witf
amazement, if not with interest
Made a Mason at Sight
About this time, by dispensation or th'
most worshipful grand master OF the
Masons of Pennsylvania, I was made
Mason at sight--that Is, the three degree
Of a Master Mason were conferred at ont
time. which is regarded as great Masonic
honor and has been accorded to but eigh
or ten men in the State. Among them wer'
included John Wanamaker. James Ga!
Gordon and Charles Emory Smith.
In 1897 Philadelphia sought to issue I
loan of s1l, 200 900. Some citizens, repre-
sented by Alexander Simpson, Jr, filed
bill in equity in No. court to prevent tn
transaction. I wrote an opinion dismiss
ing the bill and on appeal to the suprem
Court the judgment was affirmed.
On the Sd OF March, 1899, my mothe