Evening star., 1921-08-09
SHERIFF BES|EGES
GOVERNOR SMALL
IN STATE CAPITOL
Executive Lunches in His Of
flee as Mester Waits
in Corridor.
By the Associated Press.

SPRINGFIELD. ILL.,. August 9.-Fol-
lowing conference with States At
torney Mortimer. Sheriff Henry Mester
OF Sangamon county at l1:25 prepared
to start for Gov. Small's office with
warrants for his arrest on charges of
embeZzlement of state funds while he
was state treasurer.
When Sheriff Mester and several
deputies arrived at the state house
they waited on the first floor of the
building for the governor to come
out
The sheriff waited in corridor on
the ground floor of the state house,
leisurely smoking cigar. Both he
and the. governor apparently Were
playing a waiting game. Gov. Smalfs
outposts stationed near the door kept
the executive informed of the sheriff S
movements. and members of the gov
ernor'S cabinet and close political
friends paced the second-fioor corri-
dor, waiting for the climax.
Chatted With Acquaintance.
Sheriff Mester chatted with state
house acquaintances as he waited
The governor remained in his office
and talked with friends. The lunch
hour passed with neither of the prin-
cipals making any move.
The situation developed into a
siege. The sheriff went to the cap
itol building intending to serve the
warrants on Gov Small when he left
for the executive mansion for lunch.
The governor, however, showed no
disposition to leave his Office and the
situation took on the appearance of
war strategy. Many state house en-
ployes remained in the corridors dur
ing lunch hour to watch developments.
The governors secretary announced
that the governor was not going out
to lunch and planned to leave the
capitol not before pm.
The sheriff did not take blank
bonds with him to the governors
office.
We have given him a chance to
come over voluntarily and arrange
his bonds and he has refused" the
sheriff said.
Sheriff Mester said he was not
bothered by the governors threat to
sue him and his bondSmen,
The sheriff declared he was tired
of all this talk" and anxious to have
the whole thing over with" On his
visit to the governor at the state capi-
toi yesterday the sheriff told the gov
ernor he came to see whether you
would submit to arrest" and in reply
the governor read a prepared state
ment in which he declined to submit
to the jurisdiction of the judicial
branch of the state government"
Action for damages against the
sheriff's bondsmen may be taken by
the governor. me indicated yesterday. if
Sheriff Mester attempts to arrest him
under the warrants.
The governor. in a statement issued
following the sheriff's call last night
said:
My legal advisers have convinced me
that it is my duty under the constitu-
ton and my oath of office to decline to
submit myself to the jurisdiction of the
judicial department during my term
that the public welfare as well as the
constitution and the law demand that
the man who is governor shall be free
from interference with his personal
liberty while he is governor.
ITO submit myself to the courts would
mean to make the executive department
of the government subject to the judicial
department. which would be a direct
violation of the constitution.
Il must, therefore, in obedience to my
oath of office decline to submit myself
to the jurisdiction of the judicial branch
of the state government during my term
as governor"