The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-07-26

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The party. whether convicted or
acquitted shall, nevertheless, be
] liable to prosecution, trial, judg-
ment and punishment according to
/ law
Where does the constitution or
the law express anything to indicate
/ an exemption from prosecution for
crime? On the contrary the above
quotation is a direct declaration
that he may be prosecuted whether
in or out of office. The impeach-
ment shall be no bar. The vice of
the contention is in assuming that
impeachment is a punishment for
crime. 1t is not a criminal proceed
/ ing, but only a procedure to remove
from office for misconduct while in
office.
MIR. Medi1l, whom Governor Fifer
SO Justly eulogized, said in the con-
Ventlon which framed our conStitu-
ton OF 1870, Impeachment is not
a criminal procedure; it is simply
an effort to remove from office
and it was so considered by the con-
stitution, and is so considered now,
and 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 to
an offense committed entirely out
side the office, and is not to cause
or prevent prosecution.
The section concludes as fol-
lows:
| 1.-The party whether convicted or
acquitted shall, nevertheless, be
liable to prosecution, trial, judg-
ment and punishment according to
/ law
I'm the constitutional convention
when this section was under con-
sideration, Mr.. Rice of the conven-
ton moved to insert at the bottom
of the section the words:
80" after his term Of Of
flee shall have expired
Applies to ALL
1T was debated and rejected. This
only means that the section does
not mean there shall be no prosecu-
ton of an official until after the
term expires. This section has been
argued as if it applies only to the
governor. 1t applies TO all state Of
/ ficials including circuit judges.
Resistance by the State Militia.
The court is also advised that
It should not require or permit the
sheriff to undertake an impossible
thing or engage in a futile under
taking. 1t is suggested that the
governor is chief of
the military and naval forces of
the state and that in case of an
attempt by the sheriff to make IN
arrest Ghe governor could call out
the militia to resist the sheriff in
the execution of the law by service
Of the process of capias as directed
by the law. This does not impress
the court as of very great force.
The accused is surrounded with all
the presumptions of innocence and
this court must assume he is In
nocent and is a law-abiding citi-
zen and will obey the laws of the
state.
The constitution provides:
The governor may call out the
militia to execute the laws, sup
press insurrection and repel in
vasion.'
Under the rule 'inclusio unius,
exclusio alterius' this denies him
the right to call the militia to OPP
pose the execution of the laws or
for his personal protection or
pleasure. Section five of an act
to secure the peace and good or
der of society, etc. approved June
16, 1887, paragraph 256-L of the
criminal code, Hurd's statutes,
1917, declares:
Whenever the sheriff with the
help of his force of special depu-
ties is unable to preserve the
peace, to Quell any riot, or exc
cute the law, it shall be his duty
to notify the governor by telegram
or otherwise of the facts in the
case, and to call upon the gov
ernor for such military force as
may be deemed necessary to pre-
serve the peace ard execute the
law"
Paragraph 256 NJ declares:
Whenever the military forces
shall be ordered out by the COVER
nor on any application of a civil
officer as aforesaid, or otherwise,
they shall report to such civil Of
ficer as the governor shall desig-
nate and shall act in strict sub
ordination to such civil authority
in preserving the peace, quelling
riots, or executing the law.
Paragraph 256-N declares:
Whenever there is in any city,
town or county, a tumult. riot, mob
or body of men acting together by
force with attempt to commit
felony, or to offer violence to per-
sons or property, or by force or
violence to break or resist the laws
of the state, or when such tumult,
riot or mob is threatened, and the
fact is made to appear to the gov
ernor, it shall be his duty to order
such military force as he may deem
necessary to aid the civil authori-
ties in suppressing such violence
and executing the law"
Military Code
Section l of article % OF the
military code declares:
Whenever there is in any city,
town or county a tumult, riot, mob
or body of men acting together by
force with attempt to commit a
felony or to offer violence to per-
sons or property, or by force or
violence to break or resist the laws
of the state, or when such tumult,
riot or mob is threatened. it shall
he deemed that time of public
disorder and danger then exists.
.~Tbus it will be seen that the
only purpose for which the military
-, 10 caJ1ed ont is to aid tho civil