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The Weather WTOJfINO. Fair northwest, snow in east and south portions tonight; moderate cold wave. Thursday pro bably fair. VOLUME vin. OIL CENTERS RECAPTURE, SY MEX FEDERALS LSHAVTVER SERVES WITHOUT PAY FRANK C. EMERSON ENTITLED TO SOY OF ENGINEER’S OFFICE Appointee of Governor Ross to State Office Serves Nine Months Without Pay Under Decision of Supreme Court. CHEYENNE, Wyo., Jan. 9.—(Special to The Tribune). One effect of the Wyoming Supreme court’s decision holding invalid Governor W. B. Ross’ attempt to remove Frank C. Emerson from the office of state engineer is that Casper D. Shawver, whom Ross designated as Emerson’s successor, has serv'd nine' months without salary, and is not entitled to draw salary for that ! period, while Emerson, who during | the period stated hns not performed service as state engineer, is entitled to the engineer’s salary. The amount of salary Involved is ap proximately $3.C00. The Supreme court’s decision does not find that the Governor is with out authority to remove the State but that Governor Ross failed to comply with the legal re quirements In attempting to exercise that authority. The office of State, engineer Is created by the State con-| stltutlon. which provides that re-; moval therefrom may be only for| misconduct or malfeasance in of fice. Governor Ross did not specifi cally charge Emerson with “miscon duct,** but accused him of attempt | Ing to usurp the gubernatorial au thority. There was no charge of I malfeasance. Ths Supreme court’s [decision holds that the acts charged [by the Governor d’d not constitute r’misconduct”. Emerson, therefore. ■Was never removed from office, the •governor’s attempt to remove him [notwithstanding. and. Emerson con pinning to be State engineer, the | Governor’s designation of Shawver las State engineer was Invalid inas much as there was no vacancy In the office of State engineer. Had Governor Ross. In proceeding to the removal of Emerson, merely Emerson speclflclally with “misconduct” or “malfeasance" In office, without setting forth what constituted the alleged misconduct or | malfeasance, the removal, in the opinion of legal authorities, would [ have been valid, and there would have been no recourse through which Emerson could have forced the governor to specify what con- Istituted the alleged “misconduct" or “malfeasance.” Had that procedure been followed. Emerson would have I been out of office through exercise lof a Constitutional prerogative of I the Governor’s office and Shawver’s I appointment would have been valid. I Whether Governor Ross now will [proceed to remove Emerson through [exercise of the required procedure, land to appoint Shawver remains to Ibe developed. Be that as It may be. lEmerson, under the Supreme court’s I decision, has been State engineer I during the period that Shawyer has I been serving as State engineer and Ils entitled to the salary of the office [for that period. I The circumstances of Emerson’s I apt ointment and removal from the [office are recited as follows In the I court decision by Chief Justice C. N. [Potter: I “Frank C. Emerson, was |po’nted state engineer on July 1. 1919, to fill a vacancy caused by the resignation of James B. True, whose term would expire on February 20 1921, which date, as was then known, would occur shortly after the ad (Continued on Page Nine) NOTORIOUS BANDIT GANG WIPED OUT IN GUN FIGHT iFive Members Slain Along With Sheriff In Pitched Battle Still Raging In L Florida Everglades WEST PALM BEACH, Fla., Jan. 9.—The notorious [Ashley-Mobley gang of bank robbers and desperadoes, which has made the Florida Everglades its rendezvous for [years, was almost wiped out this morning by Palm Beach [county sheriffs and posse. Deputy Sheriff Fred Banter land five members of the gang were killed. v I A j ... ... ... I A fight was made near the gang's fanip at Fruita in the Everglaoes. • ■’he fight started at 2 a. m. The : ■fficers used a machine gun. < ■ Jolin Ashley and Handfurd Mob- ■ ■ v were escaped convicts. It was ■••■'l. with a long record of robter- i ■i and alleged murdcra A Newspaper for All the Family, Clean, Unbiased, and a Booster for City, County and State (Llir (Easpvr flatly (Triliuiu' Weather Now Broadcasted I From Casper • i Casper is once again listed ’• among the cities that broadcast ’ the official weather report by ■ radio. Promptly at 12:05 p. m. - tctlay KFEV station, formerly • known as KFDF, sent out the re ’ port for the purpose of giving vaV . uable information to stockmen and t others throughout the state. The • wave length at which the reports 1 will be broadcasted is 300 meters. ; Ranchers should listen in for this • report exactly at the hour men- - tioned. It will be sent cut every ‘ day at 12:05. • KFEV station is owned by the ' Casper Radio club, a community organization financed by Casper ’ business men. One or two concerts will also be given each week, these r to be announced later. THREE KILLED IN RAIL CRASH Fifty Others Injured When M. K. & T. Passengers Meet In Headon Colli sion at Houston, Texas HOUSTON, Tex., Jan. 9.—The engineer and fireman of one train and a negro passenger were killed and more than 50 persons injured, three probably fatally, when two Missouri, Kansas and Texas railway passenger trains met head-on at Hillendahl, eight mile a from here last night. The dead: Engineer Ed. Derossett, train number 23, Smithville. Fireman Ed. Sullivan, train num ber 23, Smithville. Engineer Lee Thomason and Fin man Charles Deckhart, of train number 26, both residing at Smith ville, are believed to bo fatally In jured. The engines of both trains were Members of the gang also were wanted by the federal government for high sea piracy. A telephone call to the sheriff’s office at noon sa’d the fight between the officers and remaining menfberj of th© gang was still in progress. Sheriff Bob Baker with a posse of WYOMING DISTRICT IS SAFE IN PROPOSAL TO ABOLISH 21 U. S. LAND OFFICES IN THE COUNTRY WASHINGTON. Jan. 9.—Abolish ment of 21 land offices and consoli dation of the offices of register anl receiver in 14 others are proposed li. the interior department appropri ation bill reported today by the house appropriations committee. The bill, first of the annual sup ply measures to reach the house, carries 1261,727,965, approximately 335.800,000 less than the total .Ap propriated for the current fiscal year and 110.300,000 less than the amount requested in budget esti mates. Land offices which would go out of existence July 1 under the bill include those at and Ster ling. Colo.; Leadston. Idaho; Great Kails and Kalispell. Mont.; Alliance and Lincoln. Neb.; Elko. Nevada; Clayton, N. M.; Dickinson, N. D ; TEAPOTTHIRD SAND WELL IS FLOWING OIL Drilling another foot Into the third Wall Creek sand, making a total of ten feet In all, well No. 402 of the Mammofti OH company In section 33-39-78 of Teapot Dome, flowed yesterday. The hole is >now down 3,117 feet and is being swabbed. This third sand well is very con servatively estimated to be good for not less than 50 barrels dally. In all probability it will do much bet ter after the'sand has been com pletely drilled through. This is to be done at once. The oil tests 37.5 degrees gravity Baumc. hurled to the side of the right of 1 way, that of number 26 exploding as it turned over. A special train earning doctors and nurses left here as soon as word was received i at the Katy offices in Houston. • Even’ ambulance in the city also - was despatched to the scene. Hos pitals prepared to receive and care » for the injured. > 100 men was reported rushing to tho scene. Officers said that members of the gang are wonted by tho United States government and the British government to answer charges of piracy on the high seas. They are charged with having raided boats anchored in the Bahamas the last three years and robbing liquor smuggling craft between Nassau and Miama. Florida. Wife of Sugar Magnate Dead t ) i SAN DIEGO, Calif., Jan. Mrs. John D. Spreckles, wife of a California capitalist, died at the family home in Coronado today after an illness of one month. CASPER, WYO., WEDNESDAY, JANUARY 9, 1924 Vancouver. Wash., and Yakima. I Wash., and Wausau. Wls. The committee declared that the I amount of business done at these ’ offices did not justify their mainte nance. The offices of register and re ceiver would be consolidated at the following points: Eureka and Sacramento. Calif.; Denver, Colo.; Halley and Blackfoot, Idaho: Bozeman, Mont.; Iju Cruces. Roswell and Fort Sumner. N. M.; Burns, La Grande and Vale, Ore., and Rapid City, S. D. Included in the appropriations proposed are 11.450,000 for tho | North Platte project, 3650.000 for the Riverton project and 3475.000 for the Shoshone project. Items carried tn the bill include: Army and navy pensions. 3222,- 500,000. Patent office. 32,808,800. Bureau of Indian affairs, |2,- 185.800. Geological survey, 3L642.760. Bureau of mines. 31.890.700. National park service, 31.747.035. Bureau of education, 3702.380. Maintenance and operation of the Alaska railroad, 31.000.000. For reclamation projects In the west the bill carries a total of 39 ■ 946.000, or 32,304.000 less than was allotted for expenditures during the current fiscal year. SNOW ML OVER WYOMING, FALL IL LIGHT Sheridan and Laramie Both Report Storm Conditions. The snowstorpi which desended upon Casper this morning was gen eral throughout the state, it is In dicated by dispatches from Laramlo and Sheridan reporting precipitation. When the storm resumed here at noon after a lull of several hours, only an inch had fallen- SHERIDAN. Wyo., Jan. 9.—Snow fell here to a depth of five Inches it was found tahen the storm ceased this morning. Only three tenths of an inch of moisture, less by two tenths of an Inch than the normal, indicated the snow was drier than normal. Reports from Laramie in dlcato the snow storm covered the state. T.ARAMIE. Wyo., Jan. 9.—Snow is falling here and the weather is cold. 14 regress shove zero. Snow fell last night west of Rawlins and some be twen Rawlins and this city. ST. PAUL, Minn., Jan. 9.—Wai ver limit on Charley Hall, veteran Pitcher of the St. Paul American Association dub, expired last night and Hall was ordered today to re port to the acramcnto club of the Coast League in exchange for Pitcher Paul Fittery. > Walter Miller Is believed to bo with the gang. Names of others » aiding Ashley and Mobley are not I available. i ■♦-- ■ TWO UNDER ARREST ; FDD STRIffIIC filTO Charles P. Hull and N. J. Bequette were arrested on a larceny charge Tuesday evening, charged with steel j Inga battery from a car standing on the highway 10 miles east of the city. The machine, which was the prop ! erty of Benton E. Stephenson. : caught fire and the body was burned off, Sunday afternoon. Tho battery was taken while the car was left to be towed into town. Hull and Bequette were released this morning on bond of 31,000 each. STATE C. 0. P. IS CALLED TO 1 MEETJIN. !1 Convention Plans to Be Decided Upon at Conference. CHEYENNE. Wyo.. Jan. 9—P. C. Spencer, chairman of tho Wyom ing Republican state committee, has called a meeting of the committee for January 21. at Cheyenne, to se 1 lect the time and place for the Rc publican state convention which will nominate three candidates for presidential electors, nine delegates to the Republican national conven tion, nine alternates to the National convention and adopt a party plat form. All of the twenty-three com mitteemen are excepted to attend the meeting. It is regarded as probable that n date early in May will bo selected for the state convention, which thus would be held about a month earlier than the National convention. Among towns which will be con sidered for the state convention are Thermopolis. Lander, Casper, Chey enne, Laramie and Rawlins. Chairman Spencer has just re turned from Casper, where ho con ferred with National Committeeman Patrick Sullivan concerning the Na tional <-M -*ntian. Mr. Sullivan re < ently returned from Washington, where he attended the meeting of the National committee. While ab sent from Wyoming he was sick for two weeks. He is not well, but la convalescing steadily. Stating the opinion that the state convention this year probably would go to a Southern or Central Wyo ming town. Chairman Spencer to day said that thia was the pros pect because last convention wns held at Sheridan, in Northern Wyo ming, CRIMINALS ROUTED IN PHILADELPHIA RAIDS General Butler, “Devil Dog” Chieftain, Making Good His Promise to Drive Violators From City; General Exodus Marks Launching of Campaign PHILADELPHIA, Jan. 9. —An exodus of gamblers, bootleggers and other no torious characters of Phila delphia’s underworld was reported in full swing today as a result of Brig. General Butler’s orders to the police to clean up the city within 48 hours after h« had been sworn in by Mayor Kendrick as director of the department of public safety. Raids conducted by the police yes. terday revealed that many disorder ly houses had already closed their places and the proprietors left tho city. Cider saloons, which had prominently displayed “tho never closed" sign, were shrouded in dark ness today and not a drink was to be had in any of the establishments that generally had been blamed for flooding the city with poisonous liquor. General Butler revealed in a trip to the tenderloin last night that twice during the short time he has been In office, threats have been made against hia life. By ROBERT T. SMALL. Copyright. 1924, the Casper Tribune NEW YORK. Jan. 9.—The New Council's Tribute To Late Mayor Is Presented Widow As a fitting tribute to the late Mayor Walter A. Blackmore, the members of the old city council yesterday presented to Mrs. Black more n resolution of sympathy which had been passed at the time cf the mayor’s death. This resolu tion was executed with art work by Julius Muller and was framed. Details of Loan\ To Fall Asked I WASHINGTON, Jan. 9.—Acting for the senate public lands commit tee investigation of the Teapot Dome naval reserve oil lease Sena tor Walsh, Democrat. Montana, will go to Palm Beach, Florida to night to personally question Ed ward B. McLean, the Washington publisher. regarding hia loan of 3100.000 to former Secretary A. B Fall. Senator Walrh was ordered by the committee to proceed to Palm Beach today because Mr. McLean’s physicians have certified that a trip to Washington might endanger hia health. The plan for a personal ex amination waa adopted in lieu of the previous proposal to have Mr. Mc- Lean submit a sworn statement. CHIEF OF POLICE YOHE CRASHES DOOR IN FIRST BOOTLEG HAID Although the door to Fred Jack- 1 son’s apartment on South David i street was fastened with three dlf < terent locks none of which were op- ; ened by the occupants of the houre on the demand of the officers, Chief Bert Yohe, Captain J. M. Farris and other members of the police depart- ’ ment were not deterred shortly be fore midnight last night when they carried out the first raid which has been effected by the new depart ment. After telling those on the in side that they were officers of the TEPEES TO BE EMPTIED WASHINGTON, Jan. 9.—The >,-■ 500 Indians living on the Fort Apa che reservation in Arizona have been persuaded at last to abandon their tepees for* the modern home. 'The In terior department announced today it had completed plans for the erec tion of framehouses for these In dians, described as the most back ward of all tribes in progress to wards civilization. York police smiled broadly today at General Smedley Butler’s threat to clean up Philadelphia in two days. They are watching what they call "his tank" methods, however, with more interest than they care to admit. How the city which has been "corrupt and contented” for so many years will regard the “treat ’em rough’’ orders of its new direc tor of public safety Intrigues tho New York “higher ups” beyond all measure. Neither tho officials or the cops in the street here in the metropolis believe that General Butler can make good on his first promise. They give the “devil dog" chieftain all credit for being a fine soldier but they insist that the first of- FOUR OffICEBS LW POLICE Several changes were made yes terday in the personnel of the po lice department, four officers sever ing, their connections with tho city. 11. L. Rickard, day sergeant, was relieved of his duties by A. T. Pat rick who started sitting at the desk this morning. John Olsen, also a desk sergeant working from 4 p. m. until midnight, was replaced by Charles Young. Patrolman Jack Neff was made the third desk sergeant. He has been on the forco for several months and succeeds as sergeant Ray Ideen who has been placed on the motorcycle squad. Frank Warren and Jako Carter, formerly motorcycle policemen, are out of the service. Officer Plummer has been transferred from patrol* man to the motorcycle squad. At the last committee meeting Senator Walsh said he would not be able to go to Palm Beach, but 11 today he accepted the committee's | order without objection. Mr. Fall, as secretary of the inte rior. signed the lease by which the Sinclair Interests secured the right I to develop the Teapot Dome re serve. His financial affairs recent-1 ly have l>een the subject of an ex tensive Inquiry by the committee. i The committee heard further tes- ‘ tlmony today by W. If. McFarren, bureau of mines geologist, regard ing naval reserve number 1 in Cali fornia. Senator Walsh asked that Fred C. Dezendorf, former general land office employe in California, l>e subpoenaed. law and had warrants, they were finally compelled to break down the door before they were able to gain , admittance. A quantity of liquor was found by the officers. Jackson himself was arrested on the charge of vio lating the liquor law. E. Dumont and Frank Kelley were also taken In the raid since they were consid- , ered suspicious characters. This is the second time that Jack- ’ son’s place has been raided in the ; past two weeks. AIRPLANE IS STOLEN • LOS ANGELES. Jan. 9.—Police • here today were scanning the sky i for a trace of a purloined airplane • which Roland Ellis reported was stolen when he left it beside a well ■ travelled boulevard for half an hour after making a forced landing. While he was buying a new wheel for his ■ landing gear at a nearby garage. ■ EHis explained, some one made off with his ship. fenslve of his new “war" will not reach its objectives. There is no question here but that General Butler eventually will succeed in clearing up some of the "pest holes'* In the city of brotherly love, but tho New York police have had so much experience in dealing with the problems of a big city that thev know the difficulties and pitfalls which confront the crusader who goes out to make a cleanup. CRUDE PRICE TAKES JUMP Midcontinent Increase of Prairie Oil and Gas Means New Quotations For Wyoming Grades TULSA, Okla., Jan. 9.—The Prairie Oil company to day advanced Mid-continent Crude oil prices 25 to 50 cents depending upon the grade. The increases are ten cents greater per barrel than those posted recently bv 1 the Texas company. >1 BARTLESVILLE, Okla.. i leum company posted announcement ’ 1 of a 25c raise in the price of oil, et • . fectlve today, to meet the raise in I price quoted by the Prairie Company. > The posted market quotation for * mid continent crude of gravity num i ed us follows: Below 33 gravity fl per barrel; 33 . to 33.9 gravity $1.25 per barrel; Sfl ’ to 3R.9 gravity $1.40 per barrel; 39 !• and above $1.50 per barrel. Increase in the posted prices of lEDITIOH NUMBER 65 REBEL ARMY IS FALLING BACK BEFORE ATTACK OF FEDERAL FOE : Railroad Embargo on Arms Shipments to Cause Rebel Forces Fresh Difficulties. ~ TAMPICO, Mex„ Jan. 9, Via Galveston.— (By The Associated Press). —Ad- vance troops commanded by General Luis Guitterez of the federal forces, which marched from Tampico today. o» cupled Palo Blanco and Puerto Do bos. Vera Crus. Important oil centers. The terminals of the Atlantic. Gulf and West Indies. Meridional. Toxas oil and Atlantic as well as other companies are at those places. The rebel troops, composed of forty-five hundred men retired southward. ME IXCO CITY, Jan. A—(By I Radio via The Fort Worth Star Telegram.)—(By The Associated 'Press.)—Federal troops under Gon ' eral Evarts to Peres have recaptured Sabinas, in the state of Coahuila, from the revolutionary forces under Generals Davila and Herrera, ac cording to special dispatches from • Saltillo, capital of Coahuila. ’ | General Peres ordered the federal troops at Monciova, Coahuila, into I fiction today to quell sporadic revo | lutlonary movement In Coahuila, according to the dispatches, which r also stated that Davila followers , have held up a train destined for , Piedras Negros, Coahuila, securing I forty thousand pesos. * DOIBLE EMBARGO NOW IN EFFECT. WASHINGTON. Jan. 9.—Double J bars have been raised against ship , ment of arms to the Mexican revo lutionists as a result of President Coolidge’s proclamation of an em ’ , bargo in pursuance of hie policy of assisting the Obregon govern ment In Its efforts to maintain law and order In the republic. In addition to measures taken oF the treasury through the customs service and prohibition enforcement agents to prevent movement from | the United States of war materials 1 destined for the De La Huerta forces, a freight embargo was in effect today on all of the major rail- I roads of the country, having been ~ declared yesterday by the American Railway association at the request of the state department. Under the freight embargo, the only munitions which may be moved by the railroads to Mexico must bear government bills of lad ing, be authorized by proper mili tary authorities, or have specific ■ sanction for export by authority of ’ the secretary of state. ARMS SHIPPED ACROSS BORDER. EL PASO, Tex., Jan. 9.—Virtual admission that a shipment of Enfield rifles of tho United States army pattern in 1917 had been transferred to the Mexican side of the border was made by American (Continued on Page Nine) Jan. 9.—The Empire. Petro ; Wyoming crude may be expected within the next 24 hours as a result i of the Prairie raise in Midcontinent, according to operators here. Wyom- • Ing purchasers usually following the • load of the Prairie in adjusting the differentia! between thj two r>> I gions. ! ». DALLAS, Tex., Jan. 9.—An ad vance of ten cents per barrel hi I crude oil prices in grades above 31 t (Continued on Pago Nine)