The Bridgeport times and evening farmer., 1921-08-22
SMALL CASE IS
 WITHOUT PARALLEL

Springfield ILL. Aug. 22-Indict- ment of Governor Len Small, of 1llfn- ois, Lieut.. Governor Fred E. Sterling, and Vernon Curtis, president Of a Grant Park, H.. bank. on July IO' charged with embezzlement, consp1r- acy and a confidence game through the use of state interest funds hor their personal gain precip1tated a DO Etical drama without parallel in the history of the state.
 Four indictments were returned the charges alleging fraud during the term of Gov. Small 1,-1917-1e1s- ana Lieut. Gov. Sterling 1921-dn the state treasurer's office.
 One indictment charged the three defendants Jointly with embezzlement of s70e,0O0, interest on state moneys Gov. Small was separately charged in ment of s5oo,ooo. while a third in dictment charges Sterling with em- bezzhng s7o0,ooo. V The fourth in dictment charges Small, Sterling and Curtis Jointly with conspiracy and ing s2,000,0o0 of state funds.
 The alleged illegal operations of the trio centered around the deposit by Small and Sterling. when in the state 1o,00o.0o0 in the Grant Park Bank" at Grant Park. . town of 500 population In Kank0kee county, few miles from Governor SmalPs home.
  bank, a private institution, ceased to function in 1908. It was founded by MT. Curtis father, former state senator, and the son inherited the charter.
 The grand jury charges that the state received less than two per cent. interest-a1though the law required minimum of that amount-on the 1e,00o,000 of state money, which, 1t is claimed was deposited in the bank on certificates of deposit without any collateral security. The bank. the grand jury says, loaned the money to cago packers. on short time notes which, 1t is claimed, paid seven to edght per cent. interest. The differ ence between the interest paid on the state treasury is the money at issue in the case.
 Return of the indictments on July 20 of this year was followed by which did not end until. August g, when Sheriff Henry Master, of Sanga- mon county, served the warrants at the executive mansion here and took the governor to the court house, SC appearance in court. Sterling and Curtis submitted to arrest a few days after their indictment and were re- leased on similar bonds.
 The governor, through his attor- neys, maintained that, as chief execu- tive of the state, he was immune from arrest during his term of office: but States Attorney Mortimer, or Sangamon county, and State Attorney General Edward Brungage, at whose instance the grand jury investigation was made, asserted that the gover- norship did not give its holder inn munity from arrest for acts alleged to have been Committed prior to his election.
 The governors attorneys. former Governor Joseph W. F1fer, James NJ Graham and George B. Gillespie, ap- peared before Judge D. s. Smith, as friends of the court, and argued for Smalrs immunity. In their argu- ments they cited the ancient maxim of monarchists that the king can do no wrong."
 In an opinion everything this con- tention and holding the goveror must submit himself to arrest like any oth- CT citizen, Judge Smith said "Our governors are not born kings. They are not surrounded by & halo by birth that gives them immunity from the temptations and frailties to which other humans are subject"
 The governors friends then an- nounced that he would resist arrest by calling out the militia. but noth- ing came of the plan. On the day Judge Smith handed his opinion July Chicago, and that night his Chicago attorney, Albert Fink, wired Sheriff Master the governor was ready tc surrender there the following day. Suspecting some legal action to free the executive was contemplated in the Cook county courts. the sheriff de- c1ined to go 10 Chicago, and tele- graphed he was willing to wait un- til the governor returned to Sanga- mon county.
 The governor returned to the capi- tol Aug. 8, spending the intervening time mainly in an inspection of road improvement work in the northern part of the state. The inspection trip had been planned several weeks pending grand jury action here. On Aug. 8. following MT. Small s arrival at the executive office, the sheriff called and offered to arrange bonds, but the governor declined to submit to arrest and read an opinion from his attorneys uphoIding this immunity.
 The following day, accompanied by deputies. Sheriff Mester returned to the capitol and took up stations in the lower corridors. The governor was in his office on the second floor. After wait of several hours he sum- moned the sheriff to the executive of- flee and offered to submit to arrest there, but the sheriff declined for terfering with the executive while engaged in the performances of his duties.
 It was then arranged that the gov ernor would accept service of the warrants at the executive mansion later in the afternoon.
 ENTERTAIN INSURANCE AGENTS. Los Angeles, Aug 22.-For the