Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1921-07-27
JUDGE ORDERS
SMALL'S ARREST
Declares Indicted Governor d
Illinois Is Not Immune to
Prosecution.
SHERIFF HAS THE WARRANT
Court Tells Him 1t Must Be Served
but Gives the Accused Executive
Reasonable Time" to Give
Himself Up.

(. =. 81.
Reasonable Time" to Give
Himself Up.
Springfield, ILL.,, July 27.--Gov. Lei
Small of Illinois has been ordered ar
rested on charges involving misuse o
state interest funds.
His arrest was ordered by Circui
Court Judge Z. S. Smith in decision
denying the right of a governor to i'm
munity from the state criminal code
Warrants charging the governor witt
a confidence game, embezzlement ant
conspiracy to defraud, Involving
$2,500,000, We're in the hands of Cir
cult Court Clerk Charles L. Koehr
when Judge Smith had handed dowr
his informal decision. They were tt
be given to Sheriff Harry Mester fol
immediate service.
Offered Time to Surrender.
The court offered to grant the gov
ernor a reasonable period in which
to submit to arrest, but warned the
governors attorneys that the sheriff
would be compelled by law" to serve
the warrants. He also decried thu
report that the governor might cal
| out troops. The judge declared hi
did not believe that National Guards
men, if called out by the governor
would obey orders TO obstruct the Law
| by protecting the chief executive from
arrest.
Just as court was adjourned, the
judge received a large bouquet Of
roses.
Some one has sent the court q
bouquet. Il hope that after they have
heard what the court has to say they
will want the bouquet to remain
He began by repeating the advice
given him at Fridays session Of at
torneys headed by former Governor
Joseph Fifer.
Governors Not Kings.
"a request from such source cam
not be ignored" he said, but immedi
ately read abstracts Of the law pro
viding for the issuance and service OF
capias warrants following indictments
you advise the court on his own
motion to issue a restraining order
against service Of the capias until the
termination Of the term Of the govern
or and to suspend prosecution. You
contend that the governor Is immune
from arrest. Z
'.You repeat that ancient maxim.
The king can do no wrong No
but In this republic that ancient
maxim has not reached the state that
AN elected official can do no wrong
Our governors are not born kings. In
the state of Illinois we have no such
thing as the divine right Of kings. The
governor may be prosecuted In or out
Of office. The impeachment is no bar.
is not criminal pro-
cedure. It is simplyga process Of re-
moval from Office" 80 Il
B Not Case for Troops.
Judge Smith bitterly denounced the
report that Governor Small would call
out troops, saying:
ut Is suggested that the governor,
as commander of the states military
forces, would call out troops to pre-
vent service of the capias issued by
this court. This does not impress the
court. This court believes the gov
ernor will obey the law. and the con-
respectfully provides that the
state troops shall be called out only to
suppress insurrection and uphold the
law. The governor surely would not
call out the troops to oppose the law.
In fact, the constitution provides that
The troops are to be used to assist
civil authorities in carrying out the
law. 1t cannot be believed that the
governor would call out troops to OBJ
struct the constitution or that the
troops so called out would carry out
such orders"
After describing the process Of
capias service, the court issued p
warming to Sheriff Henry Mester.
IF the sheriff willfully or corruptly
delays service of capfas, he is sub
ject to prosecution by this court"
Judge Smith declared.
Temporary Immunity Refused.
The court then pointed out that a
grant of immunity to arrest at this
time would in effect be an order pre-
venting the prosecution of the govern
Or for all time.
4
1.-THE statute Of limitations runs
three years, and the governors term
has three and half years to rum" the
court added. "This court is advised
% withhold the issuance Of the process
Of capias. To do so would be to
openly ignore the plain mandate of
he statutes. At the end of the gov
term the statute of limitations
would expire and the governor could
not be prosecuted"
"In closing his opinion, Judge
Smith said: ut is the duty Of the
clerk Of this court to issue the process
" capias. 1t Is the duty Of the sheriff
% serve the capias. If the governor
wishes to voluntarily submit to the
process of this court, reasonable
period will be allowed"
Greek Queen Aids Near East Relief.
New York, July 27.-In response to
The recent appeal by Mrs. Warren g.