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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 10, 1909)
The Omaha Daily Bee
For Nebraska - Pair nmt warmer.
For Iowa-Rising temperature.
For weather report w page 2.
PAGES 1 TO u
VOL. XXXVIII NO. 25(.
OMAHA, SATURDAY MOUSING, APRIL 10, 1009 TWENTY PAGES.
SINGLE COPY TWO CENTS.
Tariff Measure it Passed, All Repub
lican Member Save One
Voting: for It.
FOUR DEMOCRATS SUPPORT IT
Notable Work in Interior Depart
meat Wat Investigation of
Big Land Frauds.
Senate Committee on Finance De
votes Most of the Day to These
RAILS AND STRUCTURAL IRON
Duty on These Products Will Prob
ably Be Placed at $5 a Ton.
Officials of Eighteen Missouri Lines
will Hold Conference in St.
COMPROMISE IS PROPOSED
Proposition to Place Lumber on the
Free List Voted Down.
DUTY ON BARLEY INCREASED
Committee Provision for Free Hidei
DEBATE OCCUPIED THREE WEEKS
tiallerles 14 Floor Crowded or
Interested and Eirlttd Throne
Vkra the Vote la
WASHINGTON. April .-After three
aieka nf consideration the 1'ayne tariff
hill waa passed by the house of represen
tative tonight by a vote of 217 to 161.
One republican, Auatln, (Term.), voted
against the measure and four democrats,
all from Loulsana. Broussard. EatoplnaJ,
JMiJa and Wlckllffe. voted for It. An at
tompt by Champ Clark, the minority
leader, to recommit the bill with Instruc
tions Rlgnully failed.
The day was filled with excitement from
tin- moment tho seaelon began at noon un
til the minute of adjournment. The mem
ber were keyed up to the highest pitch,
ami a practically full mjembershlp re
mained on duty throughout. The final
vote demonstrated the capacity of the
republican organisation to gt togelhnr.
The Rltuatlon with respect to lumber waa
greatly relieved to the republican leaders
when It became manifest that the advo
cates of the proposition placing it on the
free ltit were in the minority. Because
of that fact. Mr. Fitzgerald. (New York),
charged that a midnight deal had been
made last night whereby free lumber waa
to bt voted down and the rates on barley
and barley malt increased and thla not
withstanding the denials of Mesara Mann.
(Ill ), and Cushman, (Wash.), who offeded
the barley amendments.
The general public was greatly Interested
in the proceedings and the galleries were
parked. Both the diplomatic and execu
tive reservations llkewlae were fully oc
cupied, Mrs, Taft being among those pre
When the bill actually waa passed the
republicans cheered lustily, Mme dancing
up and down the aisles and patting their
fellow members on the back.
After adopting a resolution that until
further orders sessions shall be held only
on Mondays and Thursdays the house at
l: p. m. adjourned. , ,
Grirml l)el Mtlrtli Wjt.
Whlls more consideration ii aolnt of time
lias Wen given by the house to the Payne
Mil it waa passed In fewer days than the
Dlngley bill waa acted upon after being le
ported to the house. Tha Payne bill waa
introduced on March 17, reported to the
house by the ways and means committee
on the following day and waa under general
debate for sixteen days.
On Monday of the present week tha'ruk-a
committee reported a special order which
rinsed the general discussion and provided
for the ronalderatlon of the bill under the
five-minute rule. Chairman Payne handled
the bill on the floor and divided tho time
in such M way that only paragraphs af
fected by committee amendments and the
amendments permitted by the special r ile
had been considered when the time to vote
on the measure waa reached.
The Diniiley bill waa under consideration
In the house for two days longer than the
Payne bill, but the house waa not In ses
sion aa long each day aa during the con
sidsurtion of the latter measure. All dur
ing the general debate on the Pane hill
the house sat for ten and one-halt hours
each day. thus establishing a recoid for
that body. Mr. Olmsted (Pa.) presided as
chairman of the committee of trie whole
house on the state of the union throughout
the twenty days that were given to the
Prtroleam on Freo List.
One of the principal changes affected
In the. Payne bill since its Introduction
was tlie placing of petroleum on the free
list. This Involved a more seriously ran
leKied fight than any of the other amend
ments. Speaker Cannon during the de
bate to reduce the duty, took the floor In
defense of tiie lilglwr rate of duty. Al
though an amendment to place oil on t he
free Hut " as lost yesterday, a similar
amendment offered by Chairman Payne
today waa carried. Among the other Im
portant amendments thtat have been made
since the bill came from committee were
those striking out the provision for a
dut on tea and the countervailing duty
proviso pn coffee. The elimination of the
mamlmum duty of 30 per cent on coffee,
contained in the maximum and minimum
section of the bill, waa also significant.
To the free list were added evergreen
needlings. cloved and nut oil, which la
used In making varnish. The patent law
provision. Intended to retaliate for the
new British patent law. waa stricken out
on account of nn international convention.
Cotton Jaker Ntrlrkea Oat.
The so-called "luker" In tho cotton cloth
i li-dule, which It was claimed would In
crease the duty of the Dingley bill several
hundred per cent, waa corrected, the pro
viso fr the methnd of counting threads
In the cloth being made the same aa In
the present law.
The, sort Ion .restricting the content of
nacaages of tobacco was amended to con
form with the present law In order that
uniou labels may not he excluded from
audi packagea. The drawback section waa
iMlced to so it would not be taken advun
tag of for the purpose of speculating In
gran and the Philippine free trade
lrovltoii was amended so that rice will
not be admitted free from the islands.
Tho countervailing clause on lumber was
'trlcken out, but a alrong effort to place
.miner on the free list did not succeed.
several gchedales Increased.
The duties on barley, barley nvalt. char
:l. Iron, pineapplli In crates, saccharine,
medicated cotton and ootlon ro!lra and
ufu, an oriainally reported In the bill were
'ncreaed. To retsl.sfu against Turkey,
JhU'h couutry prohibits the Importation of
tmerlcan filler tobacco, a proviso was in
cluded in the tobacco schedule increasing
duty on filler tobacco from any country
(Continued oa nrta fags)
WABHINUTON. April t.-Uthan Allen
Hitchcock, secretary of the Interior under
Presidents Mckinley snd Roosevelt, died
her this morning at 11 o'clock, aged 74. He
had been critically III for several days.
The passing of ex-Secretary Hitchcock
marked the close of a career whose pre
eminent feature was an administration of
the Interior department that stirred th
western land problem aa never before.
Brought here from 8t. Petersburg, where
he had served aa ambassador under an
appointment of President McKinley, Mr.
Hitchcock was almost immediately plunged
Into a vortex of complication growing out
of tbs vast frauds and charger of fraud
and counter charges growing out of the
acquirement of public landa in the weetern
states, Mr. Hitchcock directed the most
sweeping investigations, arousing the en
mity of powerful political interests. That
work Is recalled today as one of the most
unswerving and relentless Inquisitions in
the annals of government proeerutlons. He
prosecuted cases against numerous men In
public life and private business, including
United Btates Senator Mitchell of Oregon,
who was convicted and died not long after
ward; former Congressman Blnger Her
mann, who had served as commissioner of
the general land nfice and who was ac
quitted; former United States Sonator
Plotrlch of Nebraska. Representative Wil
liamson of Oregon, snd John A. Benson,
a millionaire real estate broker of San
Mr. Hitchcock was a target for attack
on the floors of congress and In protest
filed at the White House. The Hitchcock
family wss well known In Waahlngton
society, where it frequently entertained at
AH flags on the Interior department in
Washington snd on all buildings through
out the country under the jurisdiction of
that department will be placed at half mast
for ten day out of respect to the memory
of former Secretary of the Interior Hitch
cock as the result of an order Issued by
Secretary Ballinger today.
Big Oil Plant
Two Men Killed and Three Seriously
Injured by Accident at Point
POINT RICHMOND. Cal., April 9. Two
men were burned to death and three other
seriously injured, one fatally, as the reauit
of art exploaion In one of the oil still of
the Standard Oil company today.
Tho. fire, which w.ut scattered over eight
acre of territory, was fought for'over an
hour by 1.500 men, and th damage will
JOHN GRANGER, gate keeper, 70 years
CHARLES LAWRENCE, chief clerk, 30
years old, of Santa Rosa.
Electrician 8mlth, seriously burned.
Peralt, a teamster, who probably will
Another teamster, name unknown, la in the
Child Hung by
His Coat Collar
Six-Year-Old Boy is Strangled to
Death While Playing in
ATLANTIC, la., April .-(Specials-Catching
by the neck band of his coat
when he fell from a chicken roost, th
t-year-old son of Henry Helken, who lives
eight miles east of here, was stranged to
death before he was found.
Tha 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
Koted Novelist Paaaea Away at
Ilia Home at Sorrento,
SORRENTO. April . F. Marlon Craw
ford, the novelist, died here at 7:30 tonight.
Ha was born in 1S46.
Plan Attack on
Sixty members ot the Nebraska Bankers' 1
association voted last evening to attack In
the courts the bank deposit guaranty law
passed by th last legislature. At the meet
ing, which was held at the Rome, slats and
national bunks were represented in equal
Details of the test caae will be left to a
special committee of five men to be named
by C. y. V.cQrew of Omaha. Mr. McGrew,
who la vice president of th Omaha Na
tional, is chairman of th executive com
mittee of the Nebraska Bankers' associa
tion, and issued the call for last night's
meeting, which was sttended, by banker
from all over the state. While the aaso
ciatlon has fathered the test rase to th
stent of calling last night's meeting, th
fight on the law will nominally not be
made by the stats association aa such, but
will be conducted by this committee, th
personnel of which is as yet undeter
mined. While the meeting lasted three hours,
there wss hardly a dlsaentlng voice to the
plan to attack the law, but considerable
discussion at to whether the fight should
be waged by the state association or the
bankers as Individuals. A large majority
favored the latter and a resolution to this
effect wa carried.
Attorney John L. Webster was aent for
early in the evening and he submitted som
remarks aa to th constitutionality of tli
law, expressing so unfavorable opinion.
Th xpn of retaining Wbtr or othsr
COAL FIFTY CENTS A TON
Reciprocity Clause in Payne Bill Will
HIDE CANVASS IS COMPLETED
Senate 'Will Probably Insist toon an
Ad Valorem Doty of Fifteen Per
Cent Half Dinaley Hates
on I. amber.
WASHINGTON. April f.-When the sen
ate committee on finance concluded its
scHslon 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 the re
porting of amendments to th Payne bill
would not be hampered with suggestions
from the outside. The committee is now
prepared to insert rates on certain im
Among the schedules that are attracting
particular attention now are met Is and
manufactures of metals; lumber, hides,
bituminous coal and augar. 1
No rates on steel and Iron have been
inserted as yet although it Is practically
settled that iron ore will be taxed 20 cents a
ton and proportionate rate will be as
sessed against scrap iron and steel refuse
fit only to be re manufactured. The iron
Interests are concerned chiefly In getting
an Increase over the proposed rates in the
Payne bills on rails and structural iron.
The Payne bill cut the existing rate on
teei rails from S7.84 to S3.92. Just one
half. Steel men contend that the Payne
rates are too severe a reduction. They
have asked that a rate of S6.S8 be fixed
on rails. It is generally believed that
the committee will name a rate of about
15 per ton. On structural steel It is likely
that the Dlngley rates of one-half a cent
a pound will be maintained, instead of
adopting a rate of 3-10 of a cent a pound
aa fixed by the Payne bill. A number of
reductions have been made on other ar
ticles ander the metal schedule in order
to make the schedule svnitrieal. Tl,.
changes, It Is aid. have been approved by
Coal and Calm Schedule.
The reciprocity clause of their bituminous
coal schedule, which. Jt .is said, would re
sult in the tllmlMtlonVf all duties on coal
In the trade between Canada and tho TTntterf
State, is likely to go out of the bill. Sen
ators Elkln and Dick were before the com
mittee todsy in this connection, taklnr nn.
poaite aides. Under both the Dlngley law
ana the Payne bill bituminous coal pays a
duty of 87 cents a ton. The senate com
mutes is considering a reduction of the
duty to about 60 e-ts in view of the
elimination of the reciprocity clause. The
Payne bill places culm, or slark coal, on a
par with bituminous coal, which would in
crease the rate, It must pay from 15 cent
to 67 cents. Those who favor striking out
the reciprocity clause want an ad valorem
duty placed on slack ooal, which would
equal a apeclflc duty of SO or 40 cents a
Senator ElkJns submitted some data in
dicating that the present rate of 15 cents
on slack is too low. He read letter from
American agent in Canada and Australia
asserting that mines In those countries
artificially cruah bituminous coal in order
to make it admlsslable to the Unite State
at the 15 instead of the 47-cent rate.
Hides and Lsnber.
It is reported that the senate committee
jvlll reduce the existing Dlnglev rates on
lumDer one-nair. a canvass or tne senate
Indicates that an effort in the direction of
getting free lumber. If made after the bill
reaches the senate, would be unavailing.
The canvass of the senate on the que,
tlon of hides waa concluded today and it
Is asserted that as a reauit hides will he
taken from the free list aa In the Payne
bill and a duty fixed at 15 per cent ad
valorem. That wool of all trades and wool
tops would be placed In the senate bill
under tho existing rates was atated today
upon what appeara to be excellent au
thority. Many protests were filed with tho
committee against the Payne reduction in
tha wool schedules.
lawyers ss counsel Is a matter the means
of which is not yet settled.
Among the banker present iaat night
were tho following; C. F. McGrew.
Omaha; Henry W. Tate. Omaha; E. A.
Wilts. Tender; lather Drake, Omaha;
8. H. Burnham. Uneoln; J. W. We'jHon,
Ogallala; C. E. Burnham. Norfolk; L. M.
Talmage. Grand Island; W. H. Borcholx.
Omaha; Arthur MoNamara, North Platte;
Frank McGlverln, Fremont: W. A. George.
Broken Bow; W. E. Shepard. Omaha;
John W. Stetnhart, Nebraska City; Frits'
Nlcklas, Syracuse; B. S. Hadley, Cedar
Rapids; J. M. Roberta, Phutstnoutb;
Croethwaite, David City; Willie McBrlde,
Elgin; C. T. Kounts. Omaha; V. Franklin',
McCook; Milton Barlow, Omaha; M. T.
Aitkin, Lincoln; F. B. Bot ten field. Nelson;
George N. Seymour, Elgin; F. H. Davia,
Omaha; George B. Boil Grand Island;
Post, York; F. H. Claridg. Blair;
L. B. Honey, Beatrice; Julius Beckman,
Fremont; H. F. Folder, South Omaha;
A. L. Clarke, Haatlnga; George F. Sawyer,
Western; Victor B. Caldwell, Omaha;
Henry Nell. Omaha; John D. HaakelL
Wakefield; W. A. Wltalgman. Norfolk;
H. A. Cheney, Creighton; W. E. Roades,
Omaha; C. M. Brown, Cambridge'
Samuel Patterson, Arapahoe; N. .
Rerkard. South Omaha: R. C. Boyd,
Auburn; J. H. Miles. Fall Crty; J. c!
French. Bouth Omaha; Dan Cook. Beatrice;
Harris M Chllds. Tork; C. A. MeCVrud.
Tork. and H. V. Nlckolaoa. Valentino,
Copyright, 1909, by New York MaU and
MINERS' DEMANDS REJECTED
Anthracite Wage Conference at Phil
adelphia Ends in Deadlock.
REFUSE TO RECOGNIZE UNION
After Adjournment Operators All.
noaace Tbey Will Snbmlt "JVew
' Work" Demands to Bonrd
PHILADELPHIA. April .-After confer,
ences extending since Wed nee, ay the an
thracite coal operators and tha officials of
the United Mine Workers of America rep
resenting the miners, at which the question
of wage agreement waa discussed, the
operators today rejected the modified de
mands of the miner presented . yesterday
and the conference adjounned 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 tho
refusal of the operators . to permit the
miners to work wlthdnt an agreement.
The modified demands of the miners re
quested -that the mine workers be recog
nised as "anthracite workers" and that
renditions 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
gave out a statement In New York, where
they went immediately following the con
ference, In which they claim that they
offered to aubmlt the "new work" com
plaint to the conciliation board, created
by the anthracite strike commission. When
the attention of Presidont Lewis of the
United Mine Worker of America was
called to the operators' statement tonight
"I have no comment to make."
When pressed as to his views concerning
tho operators' concession regarding new
work, he said: .
Following the conference the district'
boards of the United Mine Workers' organ
isation from the three anthracite districts
went into conference and after a session
lasting nearly all the afternoon adjourned
to meet again tomorrow. At tho conclusion
of the meeting. It Is said, a statement will
be given out.
The bone of contention is the refusal nf
the operators to reoognize th United Mine
Workers in any way.
Six Are Killed
in Steamer Fire
Reports Reach New Orleans of Par
tial Destruction of Hamburg
NEW ORLEANS, April .-Reports re
ceived here today tell of a disastrous fire
on the Hamburg-American steamer Barnla
at Port Limon, Brltleh Hondura, April 1.
Six live were lost and a large portion of
the steamer's cargo damaged.
with your new wo
man's column on
the want ad page,"
said one of our wo
"My hairdresser wag tick and
looking over th 'Everything for
Women' column I found there wag
on ar mr husband' offtco oa
th Mint floor, whom I know noth
For th eon von leap of our wo
man readers, many am all ads are)
ra together aader thla bead. It
make It easy to fid what you
I lava yon re&d tixeyaat ads,
jet, todijl "
Seek to Outwit
Cupid by Filing
Parents of Iowa Teacher Try to Break
Up Match Lover Gets Ha
IDA GROVE. Ia., April t. (Special.)
Will Johan Long and Miss Hazel Cols, both
of this city, eventually be wedded? Will
the latter secure her release from the
private hospital where her relatives have
so far been able to confine her on the
claim that she Is mentally InsaneT Will
Johan Long prove after all to be her real
"Jonah"? Theae are some of tha questions
which group themselves about the incidents
of one of the most sensational and arduous
love jafalr -which has ever developed In
this part of the atato.
Because she waa J3 years, of age , and
thought she had a right to choose her hus
jbanii., without the aid of, and In spite of
the objections of relatives. Miss Long, a
blonde and petit sahool teacher ot this city,
was forced. It is asserted, to leave home.
She went to the home of her lover'a sister.
A few days later Miss Cole's mother and
two sisters appeared at her stopping place,
and after a deal of fighting and screaming
dragged Miss Cole from the house and
bore her off to a private hospital. There
strict 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 waa arrested and put under
bonds on the charge of drugging a barber
of this city, two weeks ago. Mr. Long's
attorney has secured a writ of habeua
corpus from Judge Church for Miss Cole'
release. The family says she 'Is Insane
and are trying to have her sent to an
asylum or convent. She I reported to have
been In hysterical convulaion. In the
meantime practically all of the attorney
In town have been retained by one 1d or
the other. Miss Cole is the daughter of
Timothy Cole. Mr. Ixing Is a boilermaker
In the employ of Samuel West.
Steel Magnate Gives Two Hundred
Thousand to School ' as Elihu
Root Peace Fund.
UTICA. N. T.. April 9.-Presldent M. W.
Biryker of Hamilton college announced to
day that Andrew Carnegie had given S2O0.O9O
to the college, the fund to be known aa
the Ellhu Root peace fund, in recognition
of the services of Senator Root for interna
tional peace. Senator Root 1 a graduate
of Hamilton, a member of the board, of
trustee snd his permanent home is within
the shadow ot the college buildings.
ADMIRAL NEAR PORT SAID
Steamer with Theodoro ' Roosevelt
and Party on Board Is
iPORT SAID. April .-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 th:a afternoon.
Excellent weather prevailed during the
three daya' voyage from Messina to the
Port and the trip waa uneventful. Mr.
Roosevelt and all the members of ht
party are well.
Body of Petrosino Received
in New York With Honors
NEW YORK. April S.-FlHgs flying at
half staff above the city hall and police
headquarters today marked the arrival in
the ateamer Slavonia of the body of
Lieutenant Joseph Petrosino of the New
York police department, who waa assas
sinated In Palermo, Sicily, on March 12,
while engaged in a specially Important
task of protecting America against Sicilian
criminals. Tho police department, city offi
cials. Italian societies snd citizens will
units In giving further expression of tri
bute to Petrosino on Monday, when his
funeral will bo held.
PUns hsd been made for escorting
Petrosino'a body to his home In La Fayette
street if the Slavonia had arrived j eater
day according to Ita schedule, but aa its
delay, owing to heavy weather at sea,
brought it into port on Good Friday, the
plans were materially changed and it was
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 Coarts
to 4-et Anthorlty to Condnet
Schools Wayne Normal
(From a Staff Correspondent.)
LINCOLN. April . (Special.) In their
zeal to make a political foot ball out of the
normal school Tf 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 piece ot legislation is probably the
worst constructed of any that pkssed.
The law creates a "Normal Board of
Education," abollahes the state board of
edjeatton and yet leaves the handling of
the fuuds to the stats bosrd of education
to organise and yet Governor Siiallenbergcr
has taken it Upon himself to cal! the new
board to meet next Wednesday for th
purpose of affecting an organization.' The
bill gives to the normal board of deucation
"control and direction of the normal edu
cation of the state, including normal
schools and Junior normals." This means
this new board has the power over the
teachera college In the state university;
the normal training In Wesleyan college
and in all other schools of Nebraska
wherein normal training I 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 con
trol of the atate 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 auperlntendent. No other
sections In the law ia repealed.
Old Board Abolished.
The way the law la now the State Board
of Education haa been abollahed and yet
thla is the bosrd which has to do with the
funds. There is not one word in the new
law giving authority to the Normal Board
of Education to spend one dollar of the
The new law and the old law conflict In
numerous instances. While the new law
gives the Norms) Board of Education ab
solute power to control normal education
I nthe state It does not repeal section 2 of
subdivision S. which gives authority to the
state superintendent to organise normal
The new law does not repesl section la
of subdivision 9, which gives authority to
the stale superintendent to Issue certificate
to graduates of the university and col
leges which come up to a certain require
ment. The new law does not repeal sections ,
7 and 8 of subdivision . which provides
for the issuance of certificate and exam
inations by the board of trustees of col
leges snd normal school and the atate au
perlntendent. In addition to theae there are about on
dozen other sections which conflict 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 atate
money then probably will come the teat of
the law. I'nder the law the auditor has no
(Continued on Fifth Page.)
agreed thjt the greater ceremony should be
reserved until the funeral and after Holy
Many flowers, including a wreath from
Mayor McClellan, have been sent to the
Petrosino home and a movement la under,
way to provide Mia. Petrosino and th
detective', child with a permanent home
and ample funds.
I'litll th day of the funeral mourning
flaa will be flown from hundreds of win
dow In the Italian colonie.
1'liusual honors ezpresslve of the city's
appreciation of IVtroalno's coursge and do
vtrtlon to duty will be shown during the
funorsl on Monday. Solemn high mass will
be celebrated In Bt. Patrick's pro-cathedral
and after the services th body will be
escorted to Calvary cemetery by a parade
composed of police, military and many
Indications that Flat S 1-2 Cent RaU
Will Be Adopted.
HADLEY TO APPEAL TO CONGRESS
Governor Will Ask National Aid to
HAGERMAN TALES OF SUIT
Attorney for Railroad Kays tho Con-
that Temporary Order Will
Be Set Aside.
ST. LOm& April .-EecuUva and leaal
renrfaervLallvra of the eighteen railroads
in Missouri will meet tomorrow In the office
of A. J. Davidson, president of the Trisco
system, and it is probable that a Tat IVi
cent passenger rate will be adopted.
Prominent railroad officiate today said
there was somo talk pf continuing tho con
flict with tha state in the matter of a
passenger fare, but the general opinion
tended to a compromise.
Hadley Appeals to Congress.
JEFFERSON CITY. Mo.. April .-That
congress will be sskod to direct an Inves
tigation of tha Missouri rats situation by
tho Interstate Commerce commission and.
that th circuit attorneya throughout tho
state should Institute suits similar to that
fllod In St. Louis last night, asking for an
Injunction against tho announced increase
in passenger fare, were Indicated by
Governor Hadley today in a discussion of
the latest steps taken by the state to avoid
the enforcement of the new schedule.
"I feel thst It is unfair for the railroads
to attempt to Impose upon tho people of
Missouri a higher rate than la charged in
the contiguous and sparsely settled states
of Kansas, Oklahoma, Iowa and Nebraska,"
said the governor. "Therefore I hav today
forwarded to Benatora Warner and Stone
and to Representatives Clark and Bartholdt
figure showing tho disproportionately hlgU
earnings In Interstate traffic in Missouri ss
compared with the earnings on Stat traffic,
in order that congress may, through tha
Interstate Commerce commission. Institute
an Investigation. 1 have also presented ths
matter to the state warehouse and rail
"Suits similar to that instituted by tho
circuit attorney in St. Louis should bo be
gun by prosecuting attorneys throughout
tho state who are not parties to th caso
in the federal court.
"The. theory upon which these case csn
rest is that a railroad corporation when it
is permitted to do business in this state,
makes a contract with ths state thst it
will obey the constitution and law and if
It violates this contract it can bo snjolned
from doing so."
Attorney General Major gave oat a state,
ment later l.t which he declared that tho
aotlon of the circuit attorney of St, Louis
would. Tiot cause him to change thn plans
of hla offlcs for dealing with the rats
"I Informed Governor Hadley on March 17
that I would await action by th railroad
before proceeding against them," said Mr.
Major. "I Informed him of my Intention
to proceed against the roads by bringing
quo warranto proceedings In the supremo
court of the atate charging them with a
canaplracy to fix pasaenger and freight
rates In the state In violation of the con
stitution, the anti-rool. trust and conspir
acy statutes and the common law. That
waa all to be predicted upon the assumption
that the roads would put th increased
rates into effect on April 10."
Haa-erniaa Talks of Salt.
KANSAS CITY, Mo., April S.-Frank
Hagerman, leading attorney tor th eigh
teen railroads entering Missouri, n a
statement made here today declared thst
the state's Injunction suit, filed yester
day, to prevent the railway from return
ing to the S-cent far basis, was unsound
"Governor Hadley'e St. Louis suit," said
Mr. Hagerman today, "seems to b bastil
upon two ground, both of wlilcli ar un
sound: (1) The railroads by making th
new rate have violated the anti-trust
statute. (2) The issue of mileage books 1
a discrimination. Th sntl-trut statute
hss no appllcstion to railroad rats, but
by it term only prohibit comhlntvtlons in
th sale of commodities snd Insurance.
There u no discrimination because ths
mile.iae book are old to 11 allk. Any
how, the public, not the railroad, would
be hurt by an injunction against their use,
for inc the J-ccnt fare law wag enjoined
the old law la in force, and this Wuthorises
S cents. Anything less is a matter of
grace from the railroads.
"Mra. Hagerman and I were starting to
Cslifornla wen I heard of thi new move,
but our trip will now be deferred. Tho
restraining order is returnable Monday
morning, at which time the court wlU
probably dissolve It, a It was lmprovldentlr
granted and vlolatea the federal court de
Wealth Back of
Reported Mackays and VanderbilU
Are Back of Shubert Theater
CINCINNATI. O., April .-Mag Ander
son, president of tho Columbia Theater
company here, said that the millions of th
Mackays and the Vanderbilta and othsr
Nev York millionaires wer back of th
Shuberta in the fight aald to be opening
against the Klaw It Erlanger theatrical
According to Anderson, Abe Erlanger,
Just before he sailed for England s fear
weeks ago, attended a public dinner la)
New York and' mado aonin remark about
the new, or national theater, which wealthy
men were UutlUIng to promote dramatic art.
Erlsngrr's rival, Iee tihuhurt, has been
engaged to manage this theater. When
the r.-.illlunalrea heard of tiiS Krlsnger re
mark their anger was aroused, it Is said.
"That speech," said Max Anderson, "wag
th straw which broka U camel's kaeU."
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