Casper Daily Tribune Newspaper, August 5, 1925, Page 2

‘ y c PAGE TWO SCOTT MORGAN GOES ON TRIAL HERE ; (Continued From Page One) Denberg that in the first, there i Sayles vs."Wilson, 222 Pucific, page were four failures to comply with $ 1020. Section 1416 as submitted, and five $ “1 pelieve, gentlemen, that-it is|in the other. It Is admitted by the * the duty of the Court to take this| defendant that no contract was let $ case from the jury, because 1 do not |“nd no notice published with refer think there is a disputed fact in th » the letting of contract for $ evidence to submit to the Ju ling of a bridge that co: * that it is dncumbent upon me, hundred dollars and was es. F view di indent ava bs enremns,¢ ated to cost more than one hun > decisions of this state,,to take the | “red dollars, and, as I view ‘it, all § case from the jury and decide tt, it] Public offi equired to obey $ I understand correctly the ruling of | the la § our Supreme Court cot, as county y “As I understand the ruling of Natr county, the Supreme Court of this state|M0t only permitted the doing of the PF tar cota eice or ls acts complained of, but F malfeasance in office t| neglected to do those acts n the case of State v in ould have been do 30 Wyoming, in which they say that ‘misconduct, wilful maladministra- tion or breach of good behavior, in 2 office, do not necessarily imply cor- * ruption or criminal intention. The $ official ac a wrongful act, or] the official neglect to do an act 2 which ought to have been done, will $ constitute the c r Was rio corrupt or 1 “On the other question raised by counsel in their argument, I under- nd by the most roved opinion r t oth | t an action for removal from of- fice is a civil and not a eriminal pro: coed! is considered as reme: 1 - than penal in character, } because the purpose is not to punish the off but to tir the public vice. I under d that ignor nce of the law {is no excuse f. folating the law t suc excuse en nen, that brings ne facts in this case y all of the peti the reec 38th and charge fa with the lowing claims against the ee , and the 41st paragraph, charging failure to comply with the law in advertising for bids for road und bridge work. There has been some dsicussion of that statute.. The statute provides that “when any bridge is to be built upon any the estimated cost of whi ed one hundred dollars, work shall be given out, and such bridge constructed by contract, and the county commissioners shall 1 tices of such contract to be be published for three con weeks in any newspaper 1 within the county”—and ows the procedure if there no newspaper in the county, which does y here, and then the n—"“and all such con- be awarded by the y commissioners to the lowest responsible bidder, and the commis- are hereby authorized to st for other necessary im- provements upon the public roads and highways in the same manner as provided In the case of bridges.” “The other section of the statute is Section 1416, with reference to the payment of bills ‘presented against the county, Now, then, in the presentation and auditing of these bills, as I understand the stat- ute, there are five things ‘necessary First, the same shall be made out in separate items; second, properly , the value of each item y described; fourth, when ed fees are allowed by law, that such services were the rendered and the time actually and date necessarily devoted to the perform- ance of any services charged in such account shall be specified; and, fifth, verified by affidavit. Now, in this case, the evidence is r and uncontradicted with refer. c cle ence to the accounts of R Van OUSTED, di nd the court or ected to return a y laintiff, removal the f the defendant office, and you may let the rec > show, Mr. Reporter. Mr, Sennett: “Will that verdict include the costs of this plaintiff, as provided by statute?" The Court: “Yes, that carries costs with it." Mr. Patton: “We wish to note a exception to the ruling of the Cou the urt's rulings yesterday morning, striking many charges from the tate’s petition, there re- mained only two cl Scott, the payment Van Denberg, and Mr. Scott’s part in ordering a bridge built costing $1,500 Burlington railroad at | Cadoina,.for which bids were not dvertised for as provided b It was conceded on all si the prosecution’s case lad prac! received its death blow by the court's rulings of yesterday morn in, argu but the powerful and convincing nt of Deputy District At ney Sennett, and his masterful handling of the statutes and the de- cisions covering the case put the defense attorneys in a hole from which they were unable to extricate | their client, and it was evident late last night that upon convening court this morming that Scott would be permanently removed from office, Prosecutor Sennett scored his most effective blows for the state when he quoted from decisions handed down by our own Supreme Court," most of them written by Chief Justice Potter and Associate Justice Bloom, all bearing directly on the matt t issue and dealing with removal for misconduct and malfeasance in office. Attorney Sen- nett contended that it was not neces- sary fo prove wilful wrongdoing in order to secure the removal of an officer, but it was only necessary to show that he was incompetent and incapable of properly performing the duties, and that honesty of purpose did not enter into the matter. The jury which will hear the Mor- gan case was completed and accept- ed by both sides shortly after 11 o'clock today, and court was ad- journed until 1:30, when the taking of testimony will begin. Attorneys for the defense were anxious that the prosecution agree to permit the same testimony to appear in the Morgan case as was adduced in the case against Scott, but Deputy Prosecutor Sennett would not agree to such a procedure. “I want to go back into 1924 and show some of the acts committed by the commissioners’ in that year, ing events. elected the first and only time,” said Sennett. "We have won the case against Scott, and I want to cinch this case inst Morgan, and I am not going to’ take any chances.” It depends upon how much tes timony the state will introduce against Morgan In just how long the trial will last. If the state elects to go to trial on all the charges against Morgan the trial will pro! sume the rest of the week. YOUTH ADMITS KILLING FATHER LINCOLN, Neb., Aug. 5.—(Asso ciated Press,.)—Adolph Smetak, 22 year old farm youth, wag being held at the Nebr xa state penitentiary here today, pending probable charges of first degree murder. Smetak, county officers say, confessed last night that he had killed his father, which I was prevented by court rul- ing from showing in the case against Scott. The state was not allowed to introduce testimony against Scott for his maladministration of the of- fice in his previous term, but this will not apply in the Morgan case, for the reason that Morgan ts serv- ing the same term for which he w: THURSDAY Napkins. per set $3.95 value, LINEN BUFFET SETS—3 edge. 85c values, to close, each $1.00 value, per yard TABLE NAPKINS—A\l lin value. Special,. 1% dozen for___ GIRLS’ COATS—Broken Ages 4 to 12 years 21% to 6 years, at red Ages CHILDREN’S SUMMER Nainsook and Gauze. At a reduction of ATURDAY Specials 36-INCH LINEN LUNCH CLOTH—Lace edge, with 4 $1.75 value, per set MADERIA DOILIES—10-inch size. 36-INCH BELGIAN ART LINEN— BOYS’ COATS—Fall weight. W & Perkins & Cd. SPECIALTY STORE TRIBUNE BLDG. FRIDAY AND pieces, lace nen. Size 22 inches. assortment, luction of UNDERWEAR—Checked 20%: John Smetak, 67, and had thrown the body in a well on the farm on which they lived, near Wahoo, The body was found by county of- ficers Tuesday afternoon and placed in a tool house in the Wahoo cem tery awaiting burial, Late last night, however, the building was mysteriously fired and the body was burned almost beyond recognition. The elder Smetak disappeared last March 12 and the son told farmer neighbors that he had gone to Burope. ighbors and county au thorities accepted the explanation found the decomposed body of the elder Smetak in a well on the farm. Confronted with the body, the youth was accused of the murder and con. fessed, the county attorney said that he and his father had quarreled and he had struck his father on the head with a hammer and then dumped the body in the well, He was taken to the state pent tentiary here for safe keeping, for feeling is said to be strong at Wahoo CONGRESSMAN WINTER TO JOIN COMMITTEE ON PARK-PROJECT TOUR Congressman C, E. Winter of Cas per left this morning to join a party of congressmen who are members of the sub-committee handling appro- priations for the Interiod department. Congressman Winter will join the congressional party in an inspection of the Shoshon! project and pari. +. Use CALENTHOL for Hay ever This is Hay Fever year, Prepare for it. Sprecher's Pharmacy. Deliveries Can Be Made at Once on an Essex Coach. We Have Them. JUST ARRIVED Essex Coaches Delivered $1,025. Diana of English Society The former Lady May Cambridge,/who was mentioned -as a possible bride for the Prince of Wales before her marriage to the Duke of Beaufort, is the goddess Dians of English society. She inherited a passion for hunting from her father, the Marquis of Cambridge, and is a conspicuous figure at all of the English hunt. temporarily but later began to doubt the story especially as they said they previously had complaints from the | boy's father that he was “afraid” of his son. Tuesday, the county attorney, heriff and several-othe y of ficial: came to the Smetak farm with a Mquor search warrant and Che Casper Daily Cribune MANY WITNESSES TO TESTIFY AT HEARING ON PUBLIC LAND POLICIES AT SALT LAKE CITY Prison Shops At Baltimore Are Menaced by Fire Aug. 5.—(Asso- ciated Press.)—All downtown fire fighting apparatus and a heavy police guard were rushed to the Maryland penitentianary at noon to- day to fight/a three.alarm fire which attacked the prison shops between the penitentiary and city jail. Tho fire started in the furniture factory in the rear of the prisoners’ dormitory next to the city jail. From within the walls came the word that there was no digorder among the prisoners and that guards were ready to halt, by gun fire, any attempt by prisoners to take advan- tage of the emergency. : ‘The fire was confined to the build ing in which it originated, a brick BALTIMORE, structure erected in 1811. It was the original penitentia Walter Mdziger, a prisoner, was trapped on the third floor and had a narrow escape from losing his life. Draw: ing his coat over his head he dashed through fire and smoke down the stairs to’ the prison yard. He was severely burned. The fire broke out prisoners were entering the mess hall for their noon meal. ‘They were locked in the reom and # triple-line of. heavily armed guards stationed outside. Then an alarm was sounded, ———_.—_—. RECEIVER FOR KLAN COTTON ~ MILLS NAMED just as the YVER, Colo., Aug. 5.—(Asso- ciated Pre: P Laughlin, federal refe bankruptcy, was appointed today receiver to take ch of the cotton mills property, crux of a property dispute between the Ku Klux Klan and the Minute Men of America, a group of former Colorado klansmen. Federal Judge J. Foster Symes announced the ap- pointment. It is indicated that the recelver will take charge of the cotton mills until final disposition of the prop- WASHINGTON, Aug. 5—({By The Associated Press}—The senate pub- lic lands committee today summoned numerous witnesses to appear be- fore it when it meets in Salt Lake City, August 26, to continue inves- tigation of the administration of the public domain. Shortly after the adjournment of congress in March, the committee held several meetings to map out plans for the investigation and at that time recefved much testimony from government officials charged with administration of the domain. Among the witnesses requested to appear at the Salt Lake meeting are representatives of American Wool Grow and American live- stock associations and three cattle and three sheep men, two of whom use the domain and also two forest permittees and two who use neither the forest reserves nor the domain. Several governors of the public land states, members of the president's agricultural conference and repre- sentative of the land department of the public lands states are expected to attend. One of the important questions to be considered is whether the remain- ing public lands are to be turned over to the states. It is expected given them will determine in a large measure the recommendations of this. matter... .. _. ‘The committee is to study the op- eration of the rules and regulations of. the interior and agricultural de- partments relating to the adminis- tration of the public lands as much complaint has been received about the present method of control by reg- ulations instead of by laws. Consid- erable pressure on congress will be made: to provide definite policy for the use of public lands specifying charges to be made for timber and grazing. It is being urged that such matters be covered by contracts which could be “enforced in the courts. Users of public lands insist that the federal department now ex- ercises functions which properly be- long to the courts and in the admin- istration not only provide rules and regulations but also enforce them without appeal from their decisions, The administration of the national parks is to be taken to determine whether Competitive bidding should replace the present system of award- ing privileges and the advisibility of granting privileges to more than one concern, ‘he needs of automobile tourists in use of the parks will be investigated and a decision reached as to charges to be made for the use that the efficienty the states have shown in handling the lands already eee roads as well as for the establish- ment of automobile camps. ‘Admits She Is “ A powerful evil influence is being exerted by a man upon the author of this remarkable letter: Dear Mrs, Thompson: A year ago Iwas a respectable, happy girl of 20, I went with a man eight years my senior. Now I am disgraced. When I speak of marriage he says, “Oh we don’t want to get married, we're having too good a time now.” He takes me out on Jong auto trips but now he always has his mother in the back seat. She sticks in every time we go, but she won't speak to me and has no use for any of my people. She never asks me in her home but the young man Invites me in and I go and eat there. Should I do that on his invitation? He talks very roughly to me about his mother and sister-in-law. Would you have any respect for anyone who would abuse his mother? He talks bad to me.about other girls he has gone with: And oh, he lies so much to me. He tells other people he will never marry me and I really believe he never will. I am so tired of him running /after me. What shall Ido? I have lost all my girl friends. He got so he has no re- spect for himself or me, He comes racing along with an old Ford I am ashemed to be seen in but what can IT do? “Inever complain but always try to look pleasant. I just can’t hurt him. T lately started to do office work. I met a man that cares for me. “He is very nice. Now T am afraid that’the other man will tell him about me. Please help me. A VERY BAD GIRL. g You are an amazing woman. ( ‘This man has robbed you of your reputation, your friends and your? self-respect—your dearest posses: sions; it 1s plain he does not care | for you; you are tired of him; and yet you apparently are willing to go with him, if only he will marry you. Ido not think he intends to marry you; and his mother appar- ently is siding with him In this respect; she probably looks upon you as a designing woman drag- ging him down. How you can en- tertain any feeling but disgust for the man I don’t see, ee f LEFT OUT: At sixteen no little girl should be worrying because she doesn't have many “‘dates.” Enjoy HEART STOPS BEATING BUT LIFEIS SAVED LORAIN, Ohio, Aug, 5.—(By The Associated Press}—Modern surgery triumphed over the death at St. Joseph's hospital today when little Martha Ericon, 8, was revived after her heart had stopped beating for three minutes. ‘An anaesthetic had been admin- istered by Dr, R. A. Stack who was about to perform a minor operation on the tonsils when he discovered erty is made. Several Hurt As Car Jumps Off High Bank HELENA, Mont.) Aug. 5.—Ed- ward Strom, 16, sustained a broken collar bone and fractured ribs, George Strom, 19, broken ribs and bruises, R.°C, Strom, skin abrasions and if wife lacerated hands when their touring car plunged off a 20 foot embankment at the last steep curve on the Helena slope on Priest Pass road crossing the Rockies this morning, A two year old daughter of Mr. and Mrs. Strom escaped with- out injury. They lost control of the car when brakes burned out, ‘They were brought to St. Peter's hospital here. ‘The. Strom# were on thelr way {rom Boise, Idaho, where they had been visiting during the summer, to their home at ‘Tiago, North, Dakota, piadsaatciea Lab d aad Hay. Pever—why 6 jt? Use CALENTHOL, best remedy known. Gives quick relief. Why suffer when you don't have to? Sprecher’r PRAEMACY Se iy stip tie that the girl had stopped breathing. Examination disclosed that » the heart had ceased functioning and Dr, Stack injected adreanaline into the heart. It was three minutes be- fore she showed signs of life. —_—_——— Vegetable And Fruit Prices © Show Decline CHICAGO, Aug. 5.—(By The As- sociated Press}—Prices of every kind of frult and of all vegetables except potatoes are lower than in July, ac- cording to a report issued today by the United States bureau of Agricul. tural Economics. Canteloupes and peaches are the most outstanding examples, ® ‘As for peaches, the season ts run- ning fully 5,000 cars ahead of last year's output and values have d clined under the heavier receipts. The increased shipments are coming: mostly from North Carolina, New. Jersey, Tennessee, Illinois and north- ern California, Twenty states are) shipping peaches at present, includ-: ing the first.cars ofthe Colorado, Utah and Wi xeHOME PROBLEMS[ 4 Very Bad Girl” your most. precious possession, youth, while you can, and forget love for awhile. Seek companion- ship among. girls, not. among. men. It doesn't matter if the girls are younger. . All Because of a Kiss Dear Mrs. Thompson: I ‘am a girl 17 years old. Iam keeping company with a boy one year my senior and have been for a long time. A short while ago we had’a quarrel which was just over a kiss. He got very angry because I would not let him kiss me, He always wasa great friend and I hate to lose him. I told him I didn’t believe in all this mush. It made him angry now he acts like an enemy. Did I do right? Is it true that some boys do admire girls for not allowing such privileges. What can I do or say to make him think differently in the matter, Please advise me? I've been in this same fix with other boys. WONDERING. I know it isn't the present fash- jon, but a girl should save. her kiss, but they don’t marry girls boy will respect you more, and look upon you as more desirable, if you continue to preserve your self re- spect to this extent. Boys like to kiss, but they don’t marry gorls Who give kisses freely. WEDNESDAY, AUGUST 5, 1925 PLANE. CRASHES AS YANKS. TAKE OFF FOR WAR Accident "Mars Depart- ure of Escadrille From Paris. PARIS, Aug, 5.—(By The Asso- clated Press}—An accident marred the departure today for Morocco of members of the American volunteer escadrille. The machine containing Major Happe, the French command- er of the escadrille, and Lieutenant Col. Austen Parker of Helena, Mon- tana, was broken when it was forced to land at the Le Bourget airdrome | just after taking off. Both of the aviators were safe. Six machines began the flight without accident, Other Americans in the escadrille are Colonel Charles Sweeney, of Spokane, Washington, Lieutenant Colonel Charles Kerwood, of Phila- delphia; Major Grayville Pollock, of New York and Captains W. Gra- ham Bullen, of Miami, Florida; R. H. Ewaller, of Fon du lac, Wis., and Arthur Holden. Their route after leaving French territory will take them to Barcelona, Alicante and Malaga, Spain and across the Mediterranean to Tan- gier and Rabat." PROPOSED PEACE TERMS OUTLINED PJARIS, Aug. 5.—(By The Asso- clated Press)—Recognition by. Abd- El-Krim of the spiritual authority of the present Sultan of Morocco and his successors is the st{pulation contained in the first clause of the peace terms recently made to the rebellious Moroccan leader by France and Spain. These terms, execution of which would be placed under the control of the league of nations, are outlined by the correspondent of the Matin at Tetuan, Spanish Morocco, as follows: First, that Abd-¥l-Krim recognize the spiritual authority of the sultan of Morocco and his successors. Second that France and Spain rec- ognize the administrative autonomy of the Riff territory, Third, that the Riff state will be allowed a sufficient police force to maintain order, this force to he of- ficered by the French. Fourth, that the enlarged zones of Ceuta and Melilla become the abso- lute property of Spain. Fifth, that the Riff state shall be contained within the following boundaries: On the west, a line passing not less than 12 miles east of the Tangier-Fez railroad, on the south by the courses of the rivers Ourgha and Lukkos, which would be joined by an imaginary line. Sixth: That the coast zone be- tween the Atlantic and. the afore- mentioned line east of the railroad and the Lukkos to the -south be either returned to.the Tangier zone or divided between Tangier, which would take the northern half, and the French zone,to take the south- ern half. 2 MLE, ERY AMR eter ses es am NEW CLUE IS FOLLOWED IN “MURDER CASE “ DENVER, Col , Aug. 5.—(By The Assoclated Press)—The authorities tracking the slayer of Mrs. Julia Stearns, Miss Marie McCormick and Fred Funker, whom he killed Sun- day night after they had refused to accede to demands for money, today were pursuing g new clue © * ¢ an abandoned motoreycle, found last night on the Golden Gate Canon road west of here. The motorcycle was stripped of its license plate and covered with mud, + The police today were of the opin- jon that the murderer has taken ref- uge in Denver and were: concentrat- ing their efforts to capture him here, using the description of J. O. Os- trom, a motor bus driver, who is believed to have picked him up on {the Fort Logan-Engiewood road and Carl Perry, the wounded com: panion of the slain three persons, as the basis of thelr search. Frederick H. Holmes is here from his home in Sal: Creek. Sure Relief FOR INDIGESTION 25¢ and 75¢ Packages Everywhere Only Exclusive Ladies’ and Children’ Hair Bobbing - Parlor _,g in the State BETTY’S BEAUTY PARLOR Tribune Bldg.—Phone 707 Call for an Essex The Biggest Selling Little 6-Cylinder Car at $1,025 Casper. BUICK MOTOR COMPANY - BUICK 4442 door Sedans Buick now introduces a line of 4-door and 2-door sedans that. sets a new standard of comparison for closed cars. Never before have such values been offered at such low prices. And these new sedans are but one of the many features in the Better Buick. See it today at any Buick showroom, FLINT, al Meters Corporatio: CASPER BUICK CO. 132 North Wolcott St. Phone 2260 © ee MICHIGAN.