The Omaha Daily Bee PART ONE NEWS SECTION WEATHER FORECAST. 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. PAYNE BILL PASSES HOUSE Tariff Measure it Passed, All Repub lican Member Save One Voting: for It. FOUR DEMOCRATS SUPPORT IT Former Secretary Hitchcock Dead at Washington Notable Work in Interior Depart meat Wat Investigation of Big Land Frauds. METALS, COAL ANDLUMBER Senate Committee on Finance De votes Most of the Day to These Schedules. RAILS AND STRUCTURAL IRON Duty on These Products Will Prob ably Be Placed at $5 a Ton. Whoa! RAILROADS MAY BACK DOWN Officials of Eighteen Missouri Lines will Hold Conference in St. Louis Today. COMPROMISE IS PROPOSED Proposition to Place Lumber on the Free List Voted Down. DUTY ON BARLEY INCREASED Committee Provision for Free Hidei is Retained. DEBATE OCCUPIED THREE WEEKS tiallerles 14 Floor Crowded or Interested and Eirlttd Throne Vkra the Vote la Taken. 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 - sent. 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 Mil. 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 Francisco. 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 mart functions. 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. 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 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 reach $50,000. The dead: JOHN GRANGER, gate keeper, 70 years old. CHARLES LAWRENCE, chief clerk, 30 years old, of Santa Rosa. The Injured: Electrician 8mlth, seriously burned. Peralt, a teamster, who probably will die. Another teamster, name unknown, la in the hospital. Child Hung by His Coat Collar Six-Year-Old Boy is Strangled to Death While Playing in Chicken House. 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, Italy. SORRENTO. April . F. Marlon Craw ford, the novelist, died here at 7:30 tonight. Ha was born in 1S46. Plan Attack on Nebraska 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 proportion. 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 Go Out. 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 portant matters. 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 aieei manufacturers. 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 ton. 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. the New Banking Law 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 of Conciliation. 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 he said: "I have no comment to make." When pressed as to his views concerning tho operators' concession regarding new work, he said: . "Bugs." 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 American Liner. 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. "I'm delighted with your new wo man's column on the want ad page," said one of our wo men readers: "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 ing aJjont." 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 want. I lava yon re&d tixeyaat ads, jet, todijl " Express. Seek to Outwit Cupid by Filing Insanity Charge Parents of Iowa Teacher Try to Break Up Match Lover Gets Ha beas Corpus. 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. Carnegie Gift Honors Root 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 Sighted. 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 Involved. (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 state money. 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 Institute. 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 Week. 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 Italian ocluUes. Indications that Flat S 1-2 Cent RaU Will Be Adopted. HADLEY TO APPEAL TO CONGRESS Governor Will Ask National Aid to Prevent Discrimination. 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 road commissioner. "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 question. "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 In law. "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 cree " Wealth Back of Theater Fight Reported Mackays and VanderbilU Are Back of Shubert Theater Project. 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 combination. ' 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."