, 1921-07-26

Governor Small. Lieut., Coy ed
Sterling and vernon Curtis. bai "
Gnnt Park III. were named :
dictrnents returned July 20. o 2
charge OF conspiracy to misuse E
funds and the governor md lieu
ant governor. both former treasurt =
were charged with endorsement d.
connection with interest earned on
loan OF $40 1000. 900 alleged to has,
been negotiated through the Curtis.
bank at Grant Park. III.
Governor Small. OF advice OF his
counsel. has opposed arrest vn the
ground that he was immune from in
terference except on impeachment
proceedings. This. the court denied.
The judge developed his opinion as
follows.
l. That there Is no such thing IN
Illinois as the divine right OF kings
and that the king 70 counter part
in Illinois.
?. That 1t is beyond the scope OF the
governors power to call state troops
TO shield him from arrest.
5. That Governor Small, despite his
position as chief executive OF the state
Is subject to arrest and prosecution
for any Illegal acts as stnte treasurer.
Notification Of Governor Small by
telephone was the method OF proceed.
ure decided upon by Sheriff Mester.
Il may so over for an interview
with the governor later" Sheriff
Mcster said.
No attempt will be made to embar-
rass Governor Small. The order OF
the court explains how the matter
viii be handled"
THE king can do not wrong is
an ancient doctrine. but in this re
public II has never reached the APP
piication that an elected official can
do no wrong. said the court In the
opinion.
W. have been extremely fortunate
in the character and conduct OF elect
ed officials but there has never been
an intlmation or suspicion that thcs
were not capable Of committing crime
before, during and after the term OF
office. Our governors are not born
kings They are not surrounded by
a halo by birth that gives them i'm
munity from the temptations and
frailties TO which other humans arc
subject,
"1n Broom's legal maxims 1t is said
of this uaximSsBut this Hiuxin mus
I mo- I've uudtEntOOu 10 ulCAfI llAAt Ile
king Is above tho laws in the uncon
fined sense of those words, and tina
everything he does is, OF course Just
and lawful. and II is therefore a fun,
damental general rule tha the king
cannot sanction an act forbidden by
law: so that from this point Of view
he is under and not nbove the laws
and is bound by them equally with his
subjects
The king has no counterpart in
Illinois," Judge Smiths opinion con.
tinued.
at is argued that the constitution
provides for the impeachment OF the
governor and that because It SO pro
vides there can be no other punish.
ment: that specifying this procedure
precludes all others.
THE constitution has exempted sen.
ators and representatives from arrest
during a session. 1t eXempts mem.
bers OF the militia from arrest at Ger.
tain times except for certain offenscs
named. No similar provision is made
for the governor. Apply the rule. The
converse is n governor shall not be
exempt.
The constitution provides for i'm,
parchment: that Ia for misfeasance or
maifeasance in office and for removal
from office. The constitution provides
further: That party whether con
victed or acquitted shall. nevertheless.
be liable to prosecution. trlni. Judg-
ment n punishment according TO
law
Where does the constitution or the
law express anything to indicate an
exemption from prosecution for crime7
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