Evening journal., 1921-07-23
I'LL. GOVERNOR
immune NOW
Judge to Decide Tuesday
Whether Office Protects
Small From Arrest
EXECUTIVE HAS
OWN BODYGUARD

SPRINGFIELD. ILL.,, July "a
Governor Small is immune from ar
rest on the embezzlement and con-
spiracy indictments returned against
him, at least until next Tuesday
morning.
Judge f. S. Smith yesterday de-
cided to hold the matter in status
quo until that time. but it was indi-
Gated the Sheriff may be ordered to
arrest the Governor unless he sur
renders. Some Of the Courts re-
marks were interpreted TO convey
the opinion that the Governors i'm
munity, as contended by his counsel.
applied only to his official acts as
Governor, and could not cover al
J legged embezzlements while he was
State Treasurer.
Lieutenant Governor Sterling and
Vernon Curtis. a banker. jointly in
| dicted with the Governor. have sur
rendered, but the Executive has been
advised by counsel that he cannot be
arrested until the expiration OF his
term OF office.
Sterling was released in $1,000
bail.
Counsel for the Governor, appear
ing. however. not as his counsel but
1 as friends Of the Court" argued to-
day to have the warrant for Small
Withdrawn. on the ground that while
in Office he is immune from inter-
ference by any branch OF the judi
ciary.
Former Governor Joseph W. Fifer.
former Congressman James A. Gra-
4 ham and George b. Gillespie argued
a for the Governors position that he
4 is above the law.
81 Mr.. Graham discussed the possi-
4 bility Of a clash between the Sherifr's
forces and the militia, II an attempt
was made to arrest the Governor.
II He spoke of the Constitution making
a the Governor commander in chief Of
n the State military. In the event OF
n the court issuing an order OF arrest
NJ and a posse commitatus was called
"a by the Sheriff to enforce 1t, he for
# saw anarchy and chaos in Illinois
q should the Governor resist with the
II help OF the militia.
Added significance was given to his
remarks by the presence in the
State House Of several National
Guard officers. including Adjutant-
4 General Dickson. in uniform.
Mr.. Graham offered one OF the
most unusual arguments ever heard
in an Illinois court. He went back "a
the days Of Moro, to the early his
tory OF Athens and OF France. He
based his argument on the applica-
FL ton OF the three forms Of Govern
4 ment-executive, legislative and
& judicial-and declared why. II there
is a Government in hen. those three
II powers must prevail there, tooi'
Mr.. Graham declared that n tn,
"A Governor was TO surrender hil
II branch OF government TO some Other
Il branch he would be "little less thar
a traitor"
impeachment, he said. is the onl,
way to punish Governor II he doe
wrong.
Il used to be angry when I read
p The King can do no wrong but
so can now see a deep principle in 1t,
he said. "The Governor stands exact
"a " in the position that the King oc
Il cupied."
& Governor Small is being guarded
% day and night to prevent a surpris'
H arrest by Sheriff Mester. or his de
= puties. Accompanied by Leslie Small
his son, and Captain John English
/. his son-in-law, and three bodyguards
M the Governor arrived at his office a
81 $50 o'clock, entering by a privat
H door. The Governor remained
closeted in his office. All doors lead
e ing to It from the reception room
were locked.
CHICAGO. July 2s.-Investigatiol
will be made OF the Government o
the income-tax phase OF the EN-
81 bezzlement indictments against Gov
<< ernor Len Small, Lieutenant Cover
q nor Sterling and Vernon Curtis, Gran
Park banker. The income-tax ofiic,
> IL was reported, is examining re
cords to determine whether take
we're paid on the $4,000. 900 involve
in the alleged conspiracy against tn
5! state.