Casper Daily Tribune Newspaper, May 4, 1924, Page 10

PAGE ‘TEN. FRENCH FLYER JUMPS OUT IN LEAD, REPORT 800-Mile Flight Over Desert Negotiated On Saturday. FIRE RAGING | IN MINE HIT | BY DISASTER COLUMBUS, Ohic, May 3.— Fire is believed to be raging in the Ben- wood mine of the Wheeling Steel corporation, in which more than a hundred mifers lost their ly by a gas explosion last Monday. Jerome Watson, chief mine in- spector of Ohio, who has been at the scene of the tragedy, returned tonight and reperted carbon monox- gas—the result of fire—has atly retarded the rescue work- «PARIS, May 2 » took the}ers anc so far only 48 t s have bi in long uirplane ef-| been removed. forts* of today when] Watson said rescue workers have Lieut. Pe in the big | penctrated a distance of four miles trewnet which he is into the mine, but further explora- temptir ht from Paris to To- was halted due to the bad ef- Kio, re Agra, India, having of carbon monoxide gas on cevered approximately one-half the wkers and lack of ventilation distance cm schecule ts DOisy took off from Karachi at made the 800-mile Agra without a stop, ar- 1:30 p. m. He expects to tomorrow, probably salcutta. s one of the most diffi the route lying n desert where terrific ade flying difficult and a.m gplt cnt ba e schedule, over hes TISDALE TEST What with the hectic sessions about the House and Senate these days, it is small wonder that the eMceholders are taking to boxing and athletics, Berna * MaecFadden, famed physical culturist, is shown giving a few lessons to Senators Arthur Capper, C. C. Dill, Representative McFadden, Senator Magnus John+ gon and Representative John M. Nelson, ° lo PROJECTED COUNCIL IS WITHOUT JURISDICTION, OPINION ministry called attention (Continued from Page One) to the t dur the fight|of hot sulphur water. This indi D,Olsy almost directly over|cates a tremendous water pressure the tow ru, in the desert] behind whatever oil there is lying where t Brit roun¢+the-owrld | higher up fn the structure. s commanded by Major Gen-| Other wells had previously been u MacLaren are held up| drilled by other companies, but al! waiting for a new motor. were poorly located from a geo. ee are anctelein it Leckie Weta ae pecan (Continued “from Page One) McCormick to ienee, that this is a right which always fhe préjected test by the Midwest | must be exercised In such a manner LN {| will thoroughly probe all sands in| as the law provides; that is to say, Seek Recount reac’ tne moet aavantaseous| {tts not to be exereived. arbitrary point in the structure, or on sudden impulse but is to bi ° ° There is much hope based on | exercised in such maner as the law Tir TUNIS) ina sectogicat mvesugation, ot | orovides, asta with the turther. prov another great oll field being de-| vision always to be borne in mind — veloped this year in Natrona county | that the action of a council in such CHICAGO, Ill, May 3.— nator |}as the result of the Midwest's com: a case i al % subject to review Medill McCormick said today ing operatic in Tisdale by the courts. would ask for a recount of the votes - —_> “In this connection I would again cast in the Illino!s primaries for the The Same E ere, call your particular attention to the Rephbl'can can: for senator.| First Traveller—"Your city has|experpt from Judge Potter's decision Official figures show that Charles|the worst city government in this|{n the recent case of People vs. s. eneen, fe vernor, the] country. I also call your attention victor r Mc by 5,944. nd Traveller—“That is right the trend of all of the foregoing . ends pettition-| but how did you know what town] citations of law to the effect that « i 1 ount | I'm ‘from.’ such a power, that is to say the i he First ‘Praveller—“I don't | power to reserve or oust one of your ee }own members. is regulated by the ction frauds were A savage can see one-tenth far| common law only when there are no ick’s frien the age civilized man. express statu vision: | Special Announcement will be made by the MOUNTAIN VIEW DEVELOPEMENT COMPANY on MAY 7TH, (Wednesday of this week) WE GUARANTEE that this will be of genuine interest to every man and woman of Casper. An opportunity will be opened to you to get into a profitable, clean, healthful and sensible business proposition AND THE ONLY CAPI- TAL NECESSARY IS WHAT YOUR PAY ENVELOPE AFFORDS. We guarantee that a real money making prop- osition equal to this has never been offered in Casper before. WATCH FOR THE DATE. BAKER-GRUDE CO. Phone 1189 Selling Agents 133 N. Wolcott he Tenhnes es statute cited aboye, which js broader than any other I have found, the. provision is that for the conviction of any crime (and this d seem ‘to include misdemean- involving moral turpitude, but n were we working under this Tennessee statute, in the present in- wou seem to be not true, but In cases such as this we are not dealing with Public opinion but legal opinions, nd lawyers and -courts in deciding at words mean must look at the finitions given these particular words by the courts However in the present Instance m of the opinion that we do not d to be guided by the common or by judicial precedents, be- cause I belicve that a careful search of our statutes will define for you your whole duty and authority in the case before you. The Constitu- w tion of Wyoming, Article 3, Section 19, under the subject of Removal from office, says, “All officers not fable to imp fect to malfea. ner chment shall be sub. removal for misconduct in office, in such man y be provided by law.” ‘I © your particular attention this n of our own Constitution de- fining and providing for what only « officer may be subject to removal The words are clear beyond any possibility of doub or malfeasance in offi | he be removed? In be provided b gain Cha cities of the | ps —for miscondu t ©. How may uch manner as law. 126 relating Section 18 ays. to first cl to offic of 8 the have pi ing office condue the first class sh to provide for of the city mis- shows offices are created and made elective or appointive in said city; to create any office deemed necessary for the good government and interests of the to provide for filling such ancies a8 may occur -in any elective office, except councilman, i ppointment by the mayor by assent of the counell to hold until the next general election in city.” “The same chapter, Section under the subject of Genera provides M1 remoy for the [ 1918, 1 Laws hing contained in this chap. in the statutes governin the first class, shall be clud ter, cities of construed as restricting « ing the operation of any general law conferring pov corporated cities, a1 ed cities and towns, but such gen- eral Jaws and’ powers thereby ¢ ferfed shall b d to apply cities of the ‘first class, unless Otherwise expressly provided. The purpose of this section ev! dently was to refer the careful 1 yer or student before he fully m up his mind on the point {n which Aw he 1s interested back to the chapter on General Incorporation of Cities and towns, “Referring to Chapter 125, General Incorporation of Tow ction 1748, roads as follows “Vacancies in offices-Removals Any vacancy occurring in any of the offices of mayor or councilman of such town, whether by death removal from office, resignation removal of residence, or other wise, and any vacancy occuring in any of the offices of such town, whether by death, removal from office, resignation, or otherwise shall be filled: for the unexpired term thereof by appointment to be made by the town council; and when said vacancy shall be so fill ed the person or persons #0 ap. pointed shall continue in office until thetr successors shall be elected or appointed, and q of their off t and | may be recovered from office by a | vote of three-t of the cou 1 to-comply with their orders or ment of the liquor laws this might “I have searched-dilligently andy directions, or any gross neglect in impartially the authorities..in this] the dischar of their official matter to the full extent of the limit-| duties; but such’ officers shall be ed time and strength at my disposal] entitled to have a specification of and I have yet to find the first case] the charges against them, which where a. councilman. was remoyed| are made the ground of removal from office for the violation of any| and an opportunity to be heard in law or for any misconduct not} their defense, and the cause of any directly connected with the duties} such removal in alb cases shall be of his offic ven in the case of| made a matter of record by the town council." “In considering the two statues cited above, that is, Section 1866 amd 1748 together, as I believe a court would c\ r them, it seems clear to me that the legislature intended that the office of councilmen should one that was not lightly to be stance no removal could be- had for nged as to its tenure of office the reason that according to legal de the councilman had once been initions of the word violation of ected and taken his seat the liquor laws 1s not an offense in- ‘or am I forgetting the further volving mor rpiture, the liquor) provisions of. the «statutes, to-wit, ws being such asthe law denomi- Section 3 and 2461. Section 2693 ates malum prohibition and not} entitled Vacanc n elective of- ma'um in so, To those who. are| ¢ices—How Made, say: earnestly in fayor of the enforce-| _, elective office shall be- come v nt on the happening of elther of the following events to the incumbent before the end of his term of office: 1. His @ th. His resignation. His becoming insane or non mpos mentis 4. His habitant of the s' fice is local, his ceasing to be an inhabitant of the district, town, ward or precinct for which he was elected. % ceasing to be an in- e, or if the of. 5. His conviction of an in- famous crime dr of any offense involving a violation of his offi- celal oath, His remov His refu his oath 1 from office. or neglect to { office, or give or his official bond, or to de- or file such oath or bond the time prescribed by law. e decision of a competent declaring his election take renew posi with 8. oT tribunal And then vacancy in Fact Of, “Whenever it 2461, entitled determines se office- ion who is alleged that a vacancy in ny office exists, the officer, court or county bo whose duty it Is to fill the vacancy by appointment or to order on selection to fill such vacancy, shall have power to determine whether or not the facts occasioning such vacancy exist ‘aking the: two statutes to gether it is clear that the council upon the happening of eith- er of these events, same having been approved to the council to its sat: isfaction, could and should declare the office vacant, always remember- very ing that such action on your part would be subject to review by the courts. Such action on the part of the council when taken would not be so much jn the nature of a t of. the x to hold off us would be to Ceclare that a certain te of facts existed amounting to y in the office. do not mind you gentlemen that power as this should be exercised with considerable cau tion and only after patient consid- tion, as the machinery once set aetion and with no restraining power of the cou invoked no n could say Where such a proced- ° would end, as a strong major- in the counet! eould ‘oust one by one minority members and in a short time change the entire, com- plexion of the counell as the same was elected by the-people from their respective warde ne states have proviced a method of recall for of- fic who are no longer satisfac: tory to the people who elected them. Wyoming is not one of ates and has made no such re are many other features of this present eare that pre a vast field for discussion; inve tion and study, but howeve esting these other features m do not consider them germane to the ¢ now before you. I might also at great length point out to you gentlemen the legal complica tions that could or might ensue were you to oust or expel one of your own members and later on the courts should reverse your action and restore him to his office. I re- frain from any such commnet be: cause I quite concur with the prin cip'e of enunciated Fudge | that H idy of the da to you gentlemen, and NO WORD (5 HEARD OF MARTIN (Continued from Page One) from Chignik hoping to reach Dutch | tin’s companion flyers, Erik Nelson and Leigh Wade, Mar- had suc- Harbor in a matter of a few. hours. | ceeded in getting away from Dutch ‘They faced chill, snow-laden winds and a wild, almost unchartered country, dotted with volcanoes and so forbidding that only a few In- dians inhabit it. The odds now seems against them. But hope has never abandoned. Up to today six separate expedi- tions in small boats, ywhich have searched the coves and inlets of the coast line along the Alaskan peain- sula have returned home with no word of the missing plane. The coast guard cutters Algonquin and Haida and the survey ship Pioneer have steamed over most of the course Martin was expected to fallow, but have found no trace wf him. Tho only word thus far has come from a group ef native Indians who told of the great winged .“bird” hav- ing passed over their village at the head of the Chignik lagoon. It was headed towards Behring sea—the opposite side of the Alas- kan peninsula from Chignik—which would indicate that Martin sought shelter from adverse winds on the other side of the yolcanic range which forms the peninsula's back- bone. Working on this theory a dog sled party with Indian guides started at daybreak today Yrom Chignik to follow through the snow, the probable inland course which Martin would haye taken, This will lead them to Lake Chig- ‘ge nik, a la probably i of the hope there, While the search for Major Mar- tin continued to occupy the main attention, word was awaited as to body of water, now overed in the center peninsula. There is some of finding the missing flyer whether Lieutenants vell. § Martin started on the flight and] Golfers RE Tevrall Sth came. io ivmlbionithss & welitekoaeees| WhO Senet Flore: Jutty, 101 ‘ . 3e fumigated, in the light of the law which T have| here Note? On farm Hast of Foc thee found in any way bearing on the| Since first news that Major Mar-| Hoof fubject, it is my opinion and I so|+tin’s plane has last reached her, his|~ All day advise you that in the present in-| mother has kept in constant touch| And then stance the council has no -ight, duty| with the progress of the search| _Mouth or authority to remove or to seek| through United Press dispatches re-| “All night. 9 remove the said Walter W. Royce | -eived by a local newspaper. m the office to which he was le-] Major Martin spent the early days} TOO LATE TO CLASSIFY al'y elected. And in,the event that|of his fe on a farm in Union you concur in this opinion, the peti-| sounty ar the place his mother is} LADY wants plain sewing to do, tloners as well as Mr. Royce should | now staying. will also take care of children. be ed_nccording'y.”” He_attended the old Dunlapville! Phone 2160R. DRIVE THROUGH | Mountain View Suburb TO DAY ; THE WONDER SUBURB OF CASPER SEE WITH YOUR OWN EYES How every person who has boughi a lot there has had the constant backing of our resources and energy to make his investment grow in value. SEE---How the natural advantages of this loca- tion together with all city conveniences has made Mountain View the mast economical and delightful place to live in Casper. SEE---The miles of additional water and gas Harbor tn their efforts to “continue the flight. Last reports were that they planned to hop off today for Nazan on the Islands of Atka and, if con- ditions were found favorable, to continue on without stop to Chi- eagoff on the Island of Attu, a@ flight of 800 miles, Up to 2 p. m, today no word had come indicating that the actual start had been made. MOTHER ANXIOUS FOR NEWS OF SON CONNERSVILLE, Indiana, May 3.—In a Uttle farm house only a few miles from the place where Major Frederick Martin, missing command- er of the round-the-world flight spent his boyhood days, his mother, Mrs. Nancy Martin, tonight awaited word as to the fate of her son. Throughout the hours of waiting, Mrs, Martin remained confident that her son wey'd be found, but as the day wore on without encouraging word from the coast guard cutters patrolling the Alaskan waters, her faith was somewhat shaken, ‘I have felt atl along that he would be followed by bad luck ever since he started on the flight. “Of course, I wanted him to lead the American race around the world, even if it did involve danger he had never faced before, She was encouraged early in the day b: ited Press report that Indians had seen Major Martin and Sergeant Harvey, his aide flying over Chignik Lagoon Wednesday and apparently preparing to take the overland route along the Alas- kan Peninsula. Mrs. Martin left her home in Mo- bridge, 8. D., shortly before Major SUNDAY, MAY 4, 1924. Academy and took an engineering course at Purdue University, La- fayette, Indiana, before entering the army. COMRADE BELIEVES MARTIN IS SAFE, DUTCH HARBOR, Unalaska, May 3.—4United Press.)}—Major Frederick L. Martin and his mechanic, Ser- geant Alya Harvey, crew of the flag plane Seattle, are believed by Licu- tenant Lowell H. Smith, second in command, to be alive and safe in some sheltered bay along either the Pacific or Behring sea sides of the Alaskan peninsula. Lieutenant Smith, who has been ordered to take the three planes which reached here many days rd and proceed on to Japan without the flight commander, is confident that Martin will be found within a few hours, safe and well. Orders have been recefyed by Lieutenant Smith to get away. for Attu Island as soon as weather coni- ditions permits. He hopes to hop off. tomorrow. The weather tonight appeared favorable. For the first time since Major Martin disappeared, the naval radio station here was able today to “pick up” the station at Chignik and learned of the confidence there that the extensive search now being conducted on both coasts as well as inland, will be successful. The search by coast guard cutters and cannery vessels is centering im the region between Chignik and Perryville, in the belief that Martin ‘may heve abandoned the flight soon as he started bucking the adyerse gale, and have sought shelter in one of the thousands of coves in that vicinity. Se The Seattle carried emergency rations to last her crew for several days, it was reported by radio from Chignik,. and, barring accidents to her crew, should be able to subsist until one of the scores of boats seeking the plane come upon them. —_ Speaking of The hoof And mouth Disease I know a Good many mains being laid NOW. ". NOTICE---The fine sandy loam soil. for gardening. i Phone 1189 Selling Agents This is also the reason we have good roads throughout the entire subdi- vision in all weather. You will know the rea- son then why more people bought lots in Moun- tain View, than in any other location in Casper. | BAKER-GRUDE C0. oxen Ideal 133 N. Wolcott «