Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1921-07-26

apprehension of the defendant unit
after the expiration of his term ant
the court should suspend prosecution
in said term,
In support of this advice II is urged
that because of the nigh official posi-
ton of the accused and the great dis
aster that would otherwise befall the
state and in pursuance Of public policy
the defendant is immune from arrest
and prosecution should be suspended.
Reference is made to the ancient
maxim that 1.-THE king can do no
wrong"
1.-THE king can dl no wrong, is an
ancient doctrine, out in this republic
il has never reached the application
that an elected Official can do no
wrong. We have been extremely
fortunate in the character and con.
duct OF elected officials. but there
never has been an intimation or sus.
picion that they were not capable OF
committing crime before, during and
after the term of office. Our COVER
nors are not born kings. They are
not surrounded by halo at birth that
gives them immunity from the temp.
atoms and frailities to which other
humans are subject.
The maxim that the king can do
no wrong applies wholly and solely 10
the manner In which official acts of
the king are to be considered and
construed when applied. The maxim
has no application in Illinois and no
application to the case at bar. We
10, "A c
divine rights OF kings. The king
has no counterpart in Illinois. 1t
may be his edicts cannot be gainsaid
In Illinois the Legislature makes the
laws and not the king, but the DELHI.
crate acts or edicts of the legislature
in Illinois are ofen held for naught
and all know that the executive de-
partment has no powers beyond those
conferred by and consistent with law.
1T is argued that the constitution
provides for the impeachment Of the
governor and that because 1t so pro-
yides there can be no other punish
ments that specifying this procedure
precludes all others.
1.-THE constitution has exempted SEN
ators and representatives from arrest
during a session, it exempts members
of the militia from arrest at certain
times except for certain ofenses
named. No similar provision is made /
for the governor Apply the rule. |.
The converse is governor shall be
exempt The constitution provides |
for impeachment; but that is for mis-
feasance or maiieasance in Office and /
for removal from office. The consu- |
tuition further provides The party /
whether convicted or acquitted. shall, /
nevertheless be liable to prosecution /
trial judgment and punishment accord /
10 law
Mr. Medill, whom Governor Fifer so /
justly eulogized. said in the conyen-
tiOn which framed our constitution OF
1870, Impeachment is not Grim /
nal procedure 1t is simply an effort
to remove from Office and it was 50
considered in the constitution, and Is
so considered now Referring to the
impeachment paragraph and to the
paragraph concerning prosecutions, |
he said, How can we mix these two
things together?'
Impeachment is only to remove
from office and has no relation t.
an offense committed entirely outside
the office and Is not to cause or pre-
vent prosecution.
The section concludes as fellows
THE party. whether convicted or az
quilted shall, nevertheless, be liable
10 prosecution, trial judgment and
punishment according to law
IN constitutional convention
when this section was under cOnsid-
Grafton, Mr.. Rice of the convention
moved to insert at the end of the sec
lion the words After his term Of
Office shall have expired"
It was debated and rejected. This
only means that the section does not
mean there shall be no prosecution Of
an official until after the term eX
pires. This section has been argued
as if it applies only to the governor :
1t applies to all state officials, inclui- ..
ing circuit judges.
Resistance by the State Militia.
The court is also advised that it
should not require or permit the sher !,
iii to undertake an impossible thing !
or engage in a futile undertaking
IL Is SusStSltu THAT the BUftIuUI - |
commander in chief OF the military
and naval forces of the state and .
that in case of an attempt by the
sheriff to make an arrest the gov
ernor could call out the militia to re-
sist the sheriff in the execution Of the t
law by service of the process of Il
capias as directed by the law. This o
does not impress the court as of very f
great force. The accused is surround Of
ed with all the Prescriptions of inn0 e
cence and this court must assume he o
Is innocent and is a law-abiding cit- "
zen and will obey the laws OF the &
state q
The constitution provides; The q
governor may call out the militia ito o
execute the laws, Suppress insurrec- s
ton and repel invasion Under the II
rule 'inclusio unius, eXclusio alterius" a
this denies him the right to call the
militia to oppose the execution of the
laws, or for his personal protection or y,
pleasure, -
Section Of an act to secure the "
peace and good order OF society, etc, -, ~
approved June lG, 1887, paragraph ~
25GlL OF the criminal code, Hurds "
statutes, 1917, declares: ~
Whenever the sheriff, with the lie
help OF his force Of special deputies ~
Is unable to preserve the peace, to i'
luell any riot or execute the law, it W
shall be his duty to notify the gov u