Omaha Daily Bee Newspaper, April 10, 1909, Page 1

PART ONE NEWS SECTION PAGES 1 TO 12 THE OMAHA OMAHA, SATURDAY PAYNE BILL PASSES HOUSE ariff Measure is Passed, All Repub- lican Members Save One Voting for It. FOUR DEMOCRATS SUPPORT IT Proposition to Place Lumber on the Free List Voted Down, DUTY ON BARLEY INCREASED Committee Provision for Free Hides is Retained. DEBATE OCCUPIED THREE WEEKS Galleries and Floor Crowded by Interented When three tarite 9.~After the WASHINGTON, April weoks of consideration bill was passed by the house of represen- {atives tonight by a vote of 217 to 16L One republican, Austin, (Tenn.), voted against the measure and four democrats, all from Louisana. Broussard, Estopinal, Puja and Wickliffe, voted for it. An at- tempt by Champ Clark, the minority leader, to recommit the bill with instruc- tons stgnally fatled The day filled with excitement trom moment the session began at noon un- til the minute of adjournment. The mem- bers were keyed up to the highest pitch, and & practically full membership re- mained on duty throughout. The final vote demonstrated the capacity of the vepublican organization fo get togethor. The situation with respect to lumber was greatly relieved to the republican leaders when it became manifest that the advo- cates of the proposition placing it on the free list were in the minority. Because of that fact, Mr. Fitzgerald, (New York), charged that a midnight deal had been made lust night whereby free lumber was to be voted down and the rates on barley and barley malt increased and this not- withstanding the denials of Messrs Mann, (1lL.), and Cushman, (Wash.), who offeded the barley amendments. The general public was greatly Interested In the proceedings and the galleries were packed. Both the diplomatic and execu- tive reservations likewlse were fully o cupied, Mrs. Taft being among those pre- wont. When the bill actually was passed the republicans cheered lustlly, some dancing up and down the aisles and patting their fellow members on the back. After adopting a resolution that untfl farther orders sessions shall be held only on Mondays and Thuredays the house at £9 p. m. adjourned. General Debate Nixtedh Dayw, ‘While more consideration 14 point of time has been given by the house to the Payne LI it was passed in fewer days than the Dingley bill was acted upon atter being re- ported to the house. The Payne bill w introduced on March 17, reported to the house by the ways and means commities an the following day And was under general debate for sixteen Aays. On Monday of the present week the rules committee reported a speclal order which closed the general discussion and provided for the consideration of the bill under the five-minute rule. Chairman Payne handled the bill on the floor and divided the time in such & w that only paragraphs af- fected b committee amendments and the amendnients permitted by the special rilo had heen considered when the time to vote on the measure was reached. The Dingley bill was under consideration in the house for two days longer than the Payne bill, but the house was not in ses- sion as long each day as during the con- sideartion of the latter measure. All dur- Ing the general debate on the Payne hill the house sat for ten and one-hall hours cach day, thus establishing a record for that body. Mr. Olmsted (Pa.) vresided as chaltman of the committee of toe whole house on the state of the union throughout the twenty days that were given to the vl Payne A wa Petroleum on Free i One of the - principal changes affected in the Payne bill since its introduction was the placing of petroleum on the free list. Whis lnvolved a more seriously con- tested fight than any of the other amend ments. Speaker Cannon during the de bate to reduce the duty, took the floor in defense of the higher rate of duty. Al- though an amendment to place ofl on the tree llst was lost vesterday, a sinilar amendment offered by Chalrman Payne today was carrled. Among the other im- portant amendments thtat have been made sinee the bill came from committee were those striking out the provision for & dut on tea and the countervalling duty proviso on coffee. The ellmination of the mamimum duty of 2 per cent on coffee, contained in the maximum and minimum section of the bill, was also significant. To the free list were added evergreen seedlings, cloved and nut oil, which is used in making varnish. The patent provision, intended to retaliate for Rritlsh patent law. was stricken out on account of an internatfonal convention. Cotton Joker so-called new Stricken Out. The joker” in the cotton cloth schedule, which it was claimed would in- orease the duty of the Dingley blll several hundred per was corrected. the pro- viso for the method of counting threads in the cloth being made the same as in the present law. The section restricting the contents of vackages of tobacco was amended to eon- form with the present law in order that labels may not excluded from ackages. The drawback section was dced to so it would not be taken advan- tags of for the purpose of speculating in grain and the Philippine free trade jrovision was amended so that rice will not be admitted free from the islands. The countervailing cl on lumber was tricken out. but @ Srong effort to place imber on the free Mst did not succeed Several Schedules Increased. duties on barley, barley malt, char- oa). iron, pineapplies in crates, saccharine medicated cotton and ootton collars and iffs, an originally reported in the bill were nereaed. To getaliate against Turkey Phich country prohibits the importation of American filler tobacco, & Proviso was in- Sluded in the tobacco schedule increasing e duty on filler tobacco fromi any country (Continued on Fifth cont union be sueh law | the? Sixty members ot the Nebraska Bankers' | lawyers as counsel is @ matter the mean Former Secretary ‘ | Hitchcock Dead | at Washington Notable Work in Interior Depart- ment Was Investigation of { Big Land Frauds. WABHINGTON, April 9.—Hthan Hitchcock, secretary of the Interior FPresidents McKinley and Roosevelt, here this morning at 11 o'clock, aged 4. had been critically il for several days. The passing of ex-Secretary Hitchcock marked the close of & career whose pre- | eminent feature was an administration of | the Interfor department that stirred the western land problems as never befors. | Brought here from 8t. Petersburg, where he had served as ambassador under an | appointment of President McKinley, Mr. | Hitchcock was almost immediately plunged into a vortex of complications growing out of the vast frauds and charges of fraud and counter charges growing out of the acquirement of public lands in the western states, Mr. Hitchcock directed the most sweeping investigations, arousing the en- mity of powerful political interests. That work 18 recalled today as one of the most unswerving and relentless inquisitions in the annals of government prosecutions. He prosecuted cases against numerous men in | public life and private busines including | United States Senator Mitchell of Oregon, who was convicted and died not long after- | ward; former Congressman Binger Her- | mann, who had served as commissioner of the general land ofice and who was ac- quitted; former United States Senator Diotrich of Nebraska, Representative Wil- llamson of Oregon, and John A. Benson, & millionaire real estate broker of San Francisco. Mr. Hitchcock was a target for attack on the floors of congress and in protests filed at the White House. The Hitcheock family was well known firi Washington soclety, whers it frequently entertained at smart functions. All flags on the Interfor department in Washington and on all buildings through- out the country under the jurisdiction of that department will be placed at half mast for ten days out of respect to the memory of former Secretary of the Interfor Hitch- cock as the result of an order issued by Secretary Ballinger today. Allen | under died He Explosion in Big Oil Plant Two Men Killed and Three Seriously Injured by Accident at Point Richmond, Cal, POINT RICHMOND, Cal., April 9.—~Two ‘men were burned to death and three others seriously injured, one fatally, as the result of an explosion In one of the oll stills of the Standard Oil company today. “The, fire, which was seattered oyer eight acres of territory, was fought for over an our by 150 men, and the damage will roach §50,000. The dead: [ JOHN GRANGER, gate keoper, 0 years ‘otfHARl,m LAWRENCE, chief clerk, 30 years old, of Santa Rosa. The injured: Blectriclan Smith, seriously burned. dw—-?orl.lh & teamster, who probably will Another teamster, name unknown, s in the hospital Child Hung by 1 | His Coat Collar] Six-Year-Old Boy is Strangled to Death While Playing in Chicken House. { | ATLANTIC, 1la., April S.—(Special)— Catching by the neck band of his coat when he fell from & chicken roost, the | 6-year-old son of Henry Heiken, who lives eight miles east of here, was stranged to | | death before he was found. The little boy was playing about the chicken house. His coat was buttoned tightly and he caught in such a way that he was unable to breathe or extricate himself. No inquest will be held. 'F. MARION CRAWFORD DEAD Noted | | Novelist Passes Away His Home at Sorrento, Ttaly. at SORRENTO, April .—F. Marion Craw- ford, the movelist, died here at 7:30 tonight He was born in 1846, |RAILS AND STRUCTURAL IRON Vil reduce the existing Dingley rates on METALS, COAL AND LUMBER Senate Committee on Finance De- votes Most of the Day to These Schedules. Duty on These Products Will Prob- ably Be Placed at $5 a Ton. COAL FIFTY CENTS A TON Reciprocity Clause in Payne Bill Will | Go Out. HIDE CANVASS IS COMPLETED Senate Will Probably Insist Upon an Ad Valorem Duty of Fifteen Per Cent—Half Dingley Rates mber. WASHINGTON, April 9.—~When the sen- ate committee on fin: concluded its session tonight it was with the under- standing that all avenues to the commit- tee room had been closed and that the few sessions to be held prior to porting of amendments to the would not be hampered with from the outside. prepared to insert portant matters. Among the schedules that are attracting particular attention now are metals and manufactures of metals; lumber, hides, bituminous coal and sugar. No rates on steel and iron have been inserted as yet although it ls practically settled that fron ore will be taxed 2 cents a ton and proportionate rate will be as- sessed against scrap iron and steel refuse fit only to be remanufactured. The iren interests are concerned chlefly in getting an increase over the proposed rates in the Payne bills on rafls and structural iron The Payne bill cuts the existing rate on steel ralls from $7.8¢ to $3.92, just one half. Steel men contend that the Payne rates are too severe a reduction. They have asked that a rate of $558 be fixed on ralls. It is generally believed that the committee will name a rate of about 35 per ton. On structural steel it fs likely that the Dingley rates of one-half a cent a pound will be maintajned, instead of adopting a rate of 310 of a cent a pound as fixed by the Payne bill. A number of reductions have been made on other ar- ticles under the metal schedule in order to make the schedule symtrical. These changes, It {s sald, have been approved by steel manufacturer: Conl and Culm Schedules. The reciprocity clause of their bitumimous coal schedule, which, it is sald, would' re- Sult in the elimination of all duties bn coal In the trade between Canada and the United States, is likely to g0 out of the bill. Sen- ators Elkins and Dick were before the com- mittee today in this connection, taking op- Dosite sides. Under both the Dingley law and the Payne bill bituminous coal pays a| duty of 67 cents a ton. The senate com- mittes is considering a reduction of the duty to about 6 ceits in view of the elimination of the reciprocity clause. The Payne bill places culm, or slack coal, on a par with bituminous coal, which would in- crease the rate, it must pay from 15 cents to 67 cents. Those who favor striking out the reciprocity clause want an ad valorem | duty placed on slack ocoal, which would equal a specific duty of 3 or 40 cents a ton. Senator Elkins submitted some data in- dicating that the present rate of 15 cents on slack is too low. He read letters from American agents in Canada and Australia asserting that mines in those countries artificially crush bituminous coal in order to make It admissiable to the Unite States | at the 16 instead of the 67-cent rate. | | Hides and Lumber It is reported that the senate committee nce the re- Payne bill suggestions The committee is now rates on certaln im- i lumber one-half. A canvass of the senate Indicates that an effort in the direction of getting free lumber, it made after the bill reaches the senate, would be unavailing. The canvass of the senate on the ques-| tlon of hides was concluded today and it | 1s assertcd that as a result hides will be | taken from the free list as in the Pasne! bill and a duty fixed at 15 per cent ad| valorem. That woel of all grades and wool | tops would be placed In the senate bill| under the existing rates was stated today | upon what appears to be excellent au-| thority. Many protests were filed with the committes against the Payne reduction in| the wool schedules. Pla;l Attack on | | association voted last evening to attack in the courts the bank deposit guaranty law passed by the last legislature. At the meet- ing, which was held at the Rome, state and national banks represented proportion. Details of the test case will be left to a special committee of five men to be named by C. F. McGrew of Omaha. Mr. McGrew, | who is vice president of the Omaha Na- | tional, is chairman of the executive com- mittee of the Nebraska Bankers' associa- tion, and fesued the call for last night's meeting, which was attended by bankers trom all over the state. While the asso- clation has fathered the test case to the | extent of calling last night's meeting, the fight on the law will nominally not be | made by the state association as such, but will be conducted by this committee, the personnel of which is as yet undeter mined While the meeting lasted three hours, there was hardiy a dissenting volce to the plan to attack the law, but considerable | discussion a: to whether the fight should | be waged by the state assoctation or the bankers as individual A large majority | favored the latter and a resolution o this | effect carried. Attorney John L. Webster was sent for early in the evening and he submitted some | remarks as to the constitutienality of the law, expressing an unfavorable opinion. The expense of otalning Webster or other were in equal ; Nebraska Banking Law| | McoCook | Poet, the New ; of which is not yet settled. Amoug the bankers nresent iast nigh were the following: €. F. McGrew, Omaha; Henry W. Yates, Omaha: E. A Wiltse, Pender; Luther Drake, Omaha; | 8. H. Burnham, Lincoln; J. W. We'pton, Ogallala: C. E. Burnbam, Norfolk; T. M Talmage, Grand Island; W. H. Borchols Omaha; Arthur MoNamara, North Platte Frank McGiverin, Fremont: W. A. George. Broken Bow: W. E. Shepard, Omaha: John W. Steinhart, Nebraska Gity; Frits Nicklas, Syracuse; 8. B. Hadley, Cedar Rapids; J. M. Roberts, Plattsmouth; Crosthwaite, David City; Willls MeBride, Elgin; C. T. Kountse, Omaha; V. Franklin, Milton Barlow, Omaha: M. T. Altkin, Lincoln: F. E. Bottenfield, Nelson: George N. Seymour, Elgin; F. H. Davis, Omaha; George B. Bell, Grand Island: York: F. H. Claridge, Blair: L. B. Howey, Beatrice; Jullus Beckman Fremont; B. F. Folder, South Omaha. A. L. Clarke, Hastings; George F. Sawyer, Western; Vietor B. Caldwell, Omaha; Henry Nelle, Omaha: John D. Haskell, Wakefield; W. A. Witelgman, Norfolk: H. A. Cheney, Creighton; W. E. Roades, Omaha; C. M. Brown, Cambridge. Samuel Patterson, Arspahoe; N. . Reckard, South Omaha: R. C. Boya, Auburn; J. H. Miles, Falls CRy; J. C. Prench, South Omaha: Dan Cook, Beatrice; Harrls M. Childs, York: C. A. MeCloud, York, and H. V. Nickelson, Valentine, | otferea MORNING, APRIL 10, Copyright, 1909, by New York Mail and MINERS' DEMANDS REJECTED Anthracite Wage Conference at Phil- adelphia Ends in Deadlock. REFUSE TO RECOGNIZE UNION After n Adjournment Operators An- mee They Will Submit “New Work"” Demands to Board of Conciliation. PHILADELPHIA, April 9.—After confer- ences extending since Wednesday the an- thracite coal operators and the officials of the United Mine Workers of America rep- resenting the miners, at which the question of a wage agreoment was discussed, the operators today rejected the modified de- mands of the miners presented yesterday and the conference adjoumed deadlocked, “There will be no strike inaugurated by the mine workers, however, and the only danger of a suspension of mining In the near future, according to the mine workers' officials, arises from the possibility of the refusal of the operators to permit the miners to work withdut an agreement, The modified demands of the miners ro- quested that the mine workers he recog- nized as inthracite workers” and that wonditions regarding new work by the miners in which wages were involved and which would give increased pay to the miners, be improved. Although the entire proposition of the miners as modified was finally rejected the operators this afternoon | | save out a statement in New York, where they went ference, immediately following the con- in which they claim that they to submit the ‘new work” com- plaint to the concillation board, created by the anthracite strike commission. When the attention of President Lewis of the United Mine Workers of America was called to the operators’ statement tonight he sald: “I huve no comment to make." ‘When pressed as to his views concerning the operators' concession regarding new worlk, he said: “Bugs.” Following the conference the district boards of the United Mine Workers' organ- ization from the three anthracite districts went into conference and after a session lasting nearly all the afternoon adjourned to meet again tomorrow. At the conclusion | of the meeting, it is sald, a statement will be given out. The beme of contention is the refusal of the operators to recognize the United Mine Workers In any Six Are Killed in Steamer Fire Reports Reach New Orleans of Par- | tial Destruction of Hamburg- American Liner. NEW ORLBANS, April 9.—Reports re- ceived here today tell of a disastrous fire on the Hamburg-American steamer Sarnia at Port Limon, British Honduras, April 1 8ix lives were lost and a large portion of the steamer's cargo damaged. “Im delighted with your new wo- man’s column on the want ad page,” said one of our wo- men readers: “My bairdresser was sick and looking over the ‘Everything for Women' column I found there was one near my husband’s office on the same floor, whom I kmew noth- ing sbout.” For the convenience of our wo- men readers, many small ads are ran together under this head. It makes it easy to fiud what you waat. Have you rudlhcwlds,‘ yet, todayl - ) 1909 TWENTY PAGES. Express. DAILY BEE SINGLE Seek to Outwit Cupid by Filing Insanity Charge Parents of Iowa Teacher Try to Break Up Match—TLover Gets Ha- beas Corpus. IDA GROVE, Ia., April 9.—(Special)— Will Johan Long and Miss Hazel Cole, both jof this city, eventually be wedded? Will the lalter secure her release from the private hospital where her relatives have 50 far been able to confine her on the claim that she s mentally insane? Wil Johan long prove after all to be her real “Jonah"? These are some of the questions which group themselves about the incidents of one of the most sensational and arduous love afalrs ‘which has ever developed In this part of the state. Because she was 21 yvears of age and thought she had a right to choose her hus- nd_without the aid of, and in spite of the sbjections of relatives, Miss Long, a blonde and petit school teacher of this city, was forced, it is asserted, to leave home. She went to the home of her lover's sister. A few days later Miss Cole’s mother and two sisters appeared at her stopping place, jand after a deal of fighting and screaming {dragged Miss Cole from the house and | bore her off to a private hospital. There | stfict instructions were given to admit no one to see her. There Miss Cole still re- mains in confinement. At about the same time her lover was arrested and put under bonds on the charge of Arugging a barber of this city, two weeks ago. Mr. Long's attorney has secured a writ of habeus corpus from Judge Church for Miss Cole's release. The family says she ‘is insane and are trying to have her sent to an asylum or convent. She is reported to have been in hysterical convulsions. In the meantime practically all of the attorneys in town have been retained by one side or the other. Miss Cole is the daughter of Timothy Cole. Mr. Long is a bollermaker in the employ of Samuel West. Carnegie Gift E Honors Root Steel Magnate Gives Two Hundred| | Thousand to School as Elihu Root Peace Fund. UTICA, N. Y.. April 9.—President M. W. | Stryker of Hamilton college announced to- | day that Andrew Carnegie had given $300,00 to the college, the fund to be known as | the Elthu Root peace fund, in recognition of the services of Senator Root for interna- |tional peace. Senator Root ia a graduate of Mamilton, ® member of the board, of trustees and his permanent home s within | the shadow of the college bufldings. | ADMIRAL NEAR PORT SAID Steamer with * Theodore Roosevelt and Party on Hoard fis Sighted. PORT SAID, April 9.—The steamer Ad- | miral with Theodore Roosevelt and the | { members of his party on board was sighted off the port at 4:40 o'clock this afternoon. | | Bxcellent weather prevailed during the | | three days' voyage from Messina to | Port and the trip was uneventful | Roosevelt and all the members of party are well, Mr. his the NORMAL SCHOOL LAW IS BAD New Act Does Not Give New Board Power to Spend Money. DEMOCRATS MAKE GREAT MUDDLE May Be Necessary to Go Into Courts to Get Authority to Conduet Schools—Wayne Normal Involved. (From a Staff Correspondent.) LINCOLN, April 9.-—(Special)—In their zeal to make a political foot ball out of the normal schools bf the state, the members of the late democratic legislature certainly overstepped the mark to such an extent that it will be necessary to go into court to straighten out the tangle. This plece of legislation is probably the worst ‘constructed of any that passed. The law creates a “Normal Board of Education,” abolishes the state board of edication and yet leaves the handling of the fuuds to the state board of education to organize and yet Gavernor Shallenberger has taken it upon himself to call the new board to meet next Wednesday for the purpose of affecting an organization. The bill gives to the normal board of deucation “control and direction of the normal edu- catfon of the state, including normal schools and junior normals.” This means this new board has the power over the teachers’ college in the state university; the normal training in Wesleyan college and in all other schools of Nebraska wherein normal tralning is taught The new law repeals two sections only of the present school laws: sections 1 of subdivision 13 which provides that the normal schools shall be under the cous trol of the state board of education, which shall consist of five members appointed by the governor and the state superinten- dent and state treasurer. The other sec- tion is 22 of the same subdivision which placed the junior normals under the direc- tion of the state superintendent. No other sections in the law Is repealed. Old Board Abolished. The way the law s now the State Board of Education has been abolished and yet | this Is the board which has to do with the funds, There s not one word In the new law giving authority to the Normal Board of Education to spend one dollar of the state money. The new law and the old law conflict in numerous Instances While the new law gives the Normal Board of Bducation ab- solute power to control normal education i nth ate it does not repeal section 2 of subdivision 8, which gives authority to the state superintendent organize Institutes. The new law does not repeal seotion la of subdivision 9 which gives authori to to normal the state superintendent to issue certiticates | to graduates pf the university leges which come up to a cert: ment. and col- n require- The new law does not repeal sections #, 7 and 8 of subdivision 9, which provides for the issuance of certificates and exam- inations. by the board of trustees of col | leges and normal schools and the state su- perintendent. In addition to these there are about one dozen other sections which confllct with the new law and which are mot repealed. When the new Normal Board of Educa- | tion files a voucher with the state auditor for a warrant for the expenditure of state money then probably will come the test of the law. Under the law the auditor has no (Continued on Fifth Page.) NEW YORK, April 9.-Flags flying at half staff above the city hall and police headquarters today marked the arrivai vn the steamer Slavoma of the body of Lieutenant Joseph Petrosino of the New York police department, who was assas- sinated In Palermo, Biclly, on Mareh 12, while engaged in a speclally important task of protecting America against Sicilian criminals. The police department, clty offi- clals, Itallan socleties and citizens will unite in giving further expression of tri bute to Petrosino on Monday his funeral will be held Plans had been made for escorting Petrosino's body to his home in LaFuyette street if the Blavonia had arrived yester- day according to its schedule, but as its delay, owing to heavy weather at sea, brought it into port on Good Friday, the plans were materially changed and it was when Body of Petrosino R in New York With Honors eCeived agreed that the greater ceremony should be reserved until the funeral and after Holy Week. Many flowers, including a wreath from Mayor McClellan, have been t to the Petrosino home and a movement is under- way to provide Mrs. Petrosino and the detective's child with a permanent home and ample funds, Untll the day of the funeral mourning flags will be flown from hundreds of win- dows in the Itallan colonies Unusual honors expressive of the city's | @ppreciation of Petrosino's courage and de wotion to duty will be shown during the funeral on Mondsy Solemn high mass will be celobrated in Bt. Patrick's pro-cathedral and after the services the body will be escorted to Calvary cemetery by a parade composed of police, military and many Ialian socloties | WEATHER FORECAST. For Nebraska-Fair and warmer, For lowa—-Rising temperature. For weather report see page 2. COPY TWO CENTS. RAILROADS MAY BACK DOWN Officials of Eighteen Missouri Lines Will Hold Conference in St. Louis Today. COMPROMISE PROPOSED Indications that Flat 21-2 Cent Rate Will Be Adopted. HADLEY TO APPEAL TO CONGRESS Governor Will Ask National Aid to Prevent Discrimination. HAGERMAN TALES OF Attorney for Rallroads Says the C tention of State fs Unsound snd that Temporary Order Will Be Set Aside. SUIT ST. LOUIS, April S.—Executive snd legal representatives of the eighteen railroads in Missourt will meet tomorrow in the office of A. J. Davidson, president of the 'Frisco system, and It is probable that a flat 2 cont passenger rato will be adopted Prominent railroad officlals today said there was somo talk of continuing the con- flict with the state in the matter of & passenger fare, but the general opinion tended to a compromise. Hadley Appeals to Congress. JEFFBRSON CITY, Mo. April 3~That congress will be asked to direct an inves- tigation of the Missourl rate situation by the Interstate Commerce commission and that the circuit attorneys throughout the state should Institute suits similar o that filod In St. Louls last night, asking for an injunction against the announced Increass in passenger fares, were indicated by Governor Hadley today in a discussion of the latest steps taken by the state to avold the enforcement of the new schedules. “I feel that it Is unfair for the railroads to attempt to impose upon the people of | Missouri a higher rate than is charged in the contiguous and sparscly settled stat of Kansas, Oklahoma, lowa and Nebraska," said the governor. “Therefore I have today forwarded to Senators Warner and Stone and to Representatives Clark and Bartholdt figures showing the disproportionately high carnings In interstate traffic in Missouri as compared with the earnings on state tratfi in order that congress may, through the Interstate Commerco commission, institute an Investigation. I have also premented the matter to the state warehouse and rail- road commiseioner. “Buits similar to that instituted by the clrcult attorney in St. Louls should be be- gun by prosecuting attorneys throughout the state who are not partics to the c in the federal court. “The theory upon which these cases can rest is that a railroad corpovation when it {1s permitted to do business In this state, makes a contract with the state that it will obey the constitution and laws and if it violates this contract it can be enjolned trom doing so. Attorney General Major gave out & states ment later la which he declared that the action of the circuit attorney of 8t. Louis would. not cause him tp change tha plans of his office for dealing with the rate | auestion. “I informed Governor Hadley on March 17 that T would await action by the railroads befors proceeding against them,” sald Mr. Major. “I informed him of my Intention to proceed agalnst the roads by bringing quo warranto proceedings in the supreme court of the state charging them with & canspiracy to fix passenger and frelght rates in the state in violation of the cou- stitution, the anti-pool, trust and conspir- acy statutes and the common law. That was all (0 be predicted upon the assumption that the roads would put the inereased rates into effect on April 10. Hagerman Talks of Suit, KANSAS CITY, Mo, April %.—Frank | Hagerman, leading attorney for the eigh- teen raiiroads entering Missour, n @ statement made here today declared that the state's injunction suit, filed Yyester- day, to prevent the raflways from return- Ing to the 3-cent fare basis, was unsound n law. “Governor Hadle Louis suit,” said | Mr. Hagerman today, “seems to be based upon two grounds, both of which are un- sound: (1) The railroads by making the rate have violated the anti-trust statute. (2) The issue of mileage books is a discrimination. The anti-trust gtatute has no application to rallread rates, but by its terms only prohibits combinations in the sale of commodities and insurance. There i+ no discrimination because the mileage books are sold to all alike. Any- how, the public, not the rafiroads, would be hurt by an injunction against their use, for since the 2-cent fare law wah enjoined the old law 18 in force, and this Ruthorizes 3 cents. Anything less is & matter of grace from the rallroads. i “Mrs. Hagerman and I were starting to California when 1 heard of this new move, but trip will now be deferred. The restraining order s returnable Monday { morning, at which time the court will | probably dissolve It, as It was improvidently { granted und violates the federal court des w St new our | eree |Wealth Back of Theater Fight B;pomd Mackays and Vanderbilts Are Back of Shubert Theater Project. CINCINNATI, 0., April 9.~Max Andere president of the Columbla Theater pany here, said that the millions of the Mackays and the Vanderbilts and other New York milllonaires were back of the Shuberts in the fight sald to be opening agalnst the Klaw & Erlanger theatrical combination According son, to Anderson, Abe Erlanges, Just before he sailed for England o few weeks ago, attended a public dinner in New York and made remark about t new, or national theater, which wealthy men were bullding Lo promote dramstic art. Erlanger's rival, Lee Bhubcrt, has been engaged o wmanage this theater, When the millionaires heard of the Erlanger rve- mark thelr anger was aroused, it 18 sald. ““That speech,” sald Mex Anderson, ‘‘was the straw which broke the camel’s bacl.”