Arizona republican., 1921-07-27
GOVERNOR SMALL
 WILL SURRENDER TO OFFICERS ON CHARGE OF FRAUD
ILLINOIS EXECUTIVE AGREES TO SUB- MT WITHOUT RESISTANCE AFTER JUDGE RULES GOVERNOR NOT. Ib1- MUNE FROM ARREST
rRspubIlean A. P. Leased WIrel

TRspubilcan A. P. Leased WIrel
 SPRINGFIELD. III. July 26-Gov- ernor Small. from the office of one of his counsel in Chicago, is reported tonight. according to word received here to have offered to surrender himself without resistance to Sam gamon county authorities on war rants charging embezzlement of state funds while treasurer of Illinois.
 Sheriff Henry Mester announced late tonight he had received the fol- lowing message from Chicago: ITO the Sheriff of Sangamon County:
 This is to advise you that Gov. Len Small is ready to submit to you or any of you rdeputies or to the sheriff of Cook county. according to your directions to any persons des- isn1ted as agent at any time tomor- row. Wednesday, July 27, 1921. in my office. Chicago, III, in submission to the capias which I understand Judge Smith has directed you to ex- ecute on the governor. In order to conserve all parties right please ad- vise me when you will come to Chi cago.
 ~(signed) Albert Fink, Counsel for Governor Len Small"
 Sheriff Mester immediately replied to the message stating that he would be prepared to take sheriffs bond ait Governor small's convenience, adding that he did not intend to SO to Chicago to serve the warrant
 II win not go to Chicago to serve warFants on Governor Small" Sheriff Mester said, T am sending a tele- gram to Mir. Rink, advising him that Govgrnor Small may give bond in Springfield at his convenience"
 States Attorney Mortimer was ad- wired of the governors reversal in at utude toward accepting service of writS but made no comment other than to say he had expected the gpv- ernor to arrive at a decision to end his resistance
 Circuit Judge Smith. in ruling to- day on the question of the arrest of Governor Small on charge of em- bexxlement, during his term as state treaaurer, several years ago, held that warrants should be served upon the governor but that the executive should be permitted to make his ap- pearance at lis convenience, within a reasonable time.
 The judge developed his opinion as
 Judge smith's RuIina
 l. That there is no such thfng in Illinois as the divine right of kings and that the king has no counterpart in Illinois,
 That t+ {. h1x,x,a l.. the governors power to call state troops to shield him from arrest.
 g. That Governor Small. despite his position as chief executive of the state, is subject to arrest and prose cution for any illegal acts as state treasurer.
 Notification of Governor Small by telephone was the method of proce- dure decided upon by Sheriff Mester.
 may go over for an interview with the governor later," Sheriff Mester said. NO attempt will be made to embarrass Governor Small . The order of the court explains how the matter will be handled"
 The king can do no wrong is an ancient doctrine, but in this re- public it has never reached the ap- piication that an elected official can do no wrong, said the court in the opinion.
 We have been extremely fortu- nate in the character and conduct of elected officials but there has never been an intimation or suspicion that they were not capable of committing crime before, during and after the term of office. Our governors are not born kings They are not sur rounded by halo by birth that gives Al x4~ and frailties to which other humans are subject.
 "In Broom's legal maxims 1t is said of this maxim: But this maxim must not understoobd 10 mean that the king is above the laws in the un- confined sense of those words, and that everything he does is, of course just and lawful, and it Is therefore fundamental general rule that the king cannot sanction an act forbid den by law: so that from this point of view he is under and not above the laws and is bound by then equally with his subjects'1
 Divine Right of Kings
 The king has no counterpart 1T Illinois, Judge Smiths opinion con- tinued- Tt is argued that the con stitution provides for the impeach ment of the governor and that be cause it so provides there can be n, other punishment; that specifyin; this procedure precludes all others.
 The constitution has exempted senators and representatives iron arrest during a session. It exempt members of the militia from arres at certain times except for certail offenses named. No similar provi sion is made for the governor. Appl, the rule The converse is gover nor shall not be exempt.
 The constitution provides for i'm peachment: but that is for misfea sance or malfeasance in office an, for removal from office The consti tuition provides further: That part whether convicted or acquitted shal nevertheless. be liable to prosecution trial. judgment and punishment ac cording to law
 Where does the constitution 0 the law express anything to indicat at exemption from prosecution fo crime2 On the contrary, the aboy quotation is a direct declaration tha he may be prosecuted whether in O out of office. The impeachmen shall be no bar. Impeachment not a punishment for crime, but onl procedure to remove from offic for misconduct while in office"