Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-07-21
SMALL CLAIMS.
AS
GOV. OF STATE.
Indicted Chief Executive Says
County Court Has No
Jurisdiction.
PARTNERS FILL BOND
Lieut.-GOv. and Vernon Curtis
Appear Tomorrow on En-.
bezzlement Charge.

SPRINGFIELD, Ill, July 21.-
Governor Len Small cannot be ar
rested and therefore should not
submit to warrants of the court.
This is the substance of an opinion
signed today by the legal staff the
Governor has retained, and will be
presented to Judge e. s. Smith of
the SangamOn County Circuit Court,
in which he was indicted for con
spiracy, confidence game and en-
bezzlement
Governor Small announced that
he would stand by the opinion Of his
attorneys.
An opinion from Judge f. S. Smith,
probably viii be taken as final. He will
hear arguments on the question raise
at o'clock tomorrow morning.
Il know OF no statute that protects the
Governor of the State from arrest" de
clared Attorney General Brundage, leader
in the indictment proceedings again St
State officials in commenting on the le-
gal point raised by the Governors attor-
neys.
THE Governor is a citizen OF the state
the attorney general added. "and subject
to its laws, the same as any other citizen
Lieutenant Governor Fred L. Sterling
indicted Jointly and separately on similar
charges with the Governor, wired Sheriff
Mester that he would be in Springfield
tomorrow to arrange for the fling Of his
bond. His bonds. Ike the Governors.
were fixed al Sl5OO0O
Counsel for Vernon Curtis. Grant Park
banker who was the third man indicted.
appeared before Judge Smith this morn
ing and asked that a reduction In the
bond Of their client be made. Judge
Smith reduced it TO $4,000 and 1t was
filed this morning.
Smau's attorneys pointed 10 two prec-
edents for their proposed resisting ar
rest Two former Governors Of the State
when accused OF less serious charges.
declined TO submit to arrest and the
cases were never pressed.
The Governors attorneys were in con
ference practically all through the night
and during the entire forenoon.
SMALL DECLARES
HE'S INNOCENT.
Small was accused with Lieutenant Gov
ernor Fred f. Sterling and Vernon Curtis.
a Grant Park qu) banker, Of juggling
millions OF dollars OF public money for
their own personal gain.
Indictments charging the trio with EN-
bezzlement Of public funds and consplr-
aey TO defraud. were voted by the Sanga-
mon County grand jury after a two weeks
investigation.
Il am absolutely innocent Of every
charge they make" the Governor declared
IN statement to the people Of Illinois.
The alleged Irregularities were found
during terms served by Small and Ster-
ling as State treasurers
The indictments charge:
J. Governor Small. Lieutenant Governor
Sterling, and Vernon Curtis with con-
spiracy TO defraud the State Of 81 900 600
.. Governor Small, Lieutenant Governor
/ Sterling and Curtis with the embezzlement
Of 100000.
3 Governor Small with the embezzle-
ment Of 100000
4. Lieutenant Governor Sterling with the
embezzlement Of 500. .OOO
The investigation brought out a loan
Of 100000 the grand jury report
stated. to Armour and Swift, big Chicago
I packers through a fictitious bank on
which less than 2 per cent interest II
any was paid the State. Packers paid
I : and per cent for the money.
The so-called bank was headed by
4 Curtis and his brother, Senator Edward
Curtis, who died a year ago. Both were
close political and business associates Of
the Governor.
( LOANS SHOULD
BRING So .O0OOO
/ Although the loans to the packers
should have netted close to 100000, the
affairs of the bank when lquidated at
the death Of Senator Curtis failed to
show that amount Of assets and neither
could the money be found in the Sen
ator's estate What became Of the in
terest probably will be brought out at
the trial.
/ The certificates Of deposit held by the
State on the fictitious bank the grand
! fury report stated, failed to carry any
stipulation as to the amount Of interest
to be paid to the Illinois treasurer.
The forces Of the William Hale Thomp-
son branch of the Republican party in
Illinois viii be brought to the support Of
Small. The Governor had the backing
Of the Thompson faction during the
election.
The prosecution will be in the hands
of Republican officials elected who are
/ adherents Of the branch of the party
/ Utterly opposing Thompson.
GOVERNOR SMALL
MAKES STATEMENT.
Governor Small last night issued the
following statement on the indictments
return against him yesterday.
''To the People Of Illinois; You who
elected me Governor by the greatest
vote ever given a chief executive in
! Illinois, are entitled at this time to a
franl, settlement from mo concerning the
] indictment returned against me today
/ by the SangamOn County grand jury.
"For the present, may l not ask you
to accept from me, with the same con
/ fidence which you accepted my can
didacy for Governor, assurance to you
/ that | am absolutely innocent Of any
charges which the public may consider
/ brought against me by the grand jury
after a one sided hearing in which per
Continued on Page Ten.)
Two Tigers Fined