Evening star., 1921-07-22
ACCUSEGGOVERNOR.
RESISTING ARREST.
Court to Decide Whether or
Not Illinois Executive Is
Immune.
Ry the Associated Press.

BY the Associated Press.
SPRINGFIELD. ILL.,. July 22.-
Whether or not Gov. Len Small, in
dicted by a Sangamon county grand
jury on a charge of endorsement OF
interest on state funds while state
treasurer. is immune from arrest was
to be decided by Circuit Judge E. S.
Smith today.
Gov. Smalls attorney advised him
to resist arrest on the grounds that
he would violate the constitution and
betray> the people by submitting.
II the court decides the governor
is immune from arrest as the state
chief executive, the capiaSeS Tor MS
arrest now held by the sheriff of San
canon county. would probably be
withheld until the expiration OF Gov.
Small's term of Office, three and one
half years hence.
If the decision is adverse to the
governor, it b>expected the sheriff of
Sangamon county will BE instructed
by the states attorney to serve the
warrants. In the latter event the sit
uation is fraught with possibilities
ranging from peaceable surrender py
the governor to the calling out OF
state troops to forcibly resist sery-
ing of the warrants.
Issues Statement.
As the arguments began in Judge
Smiths court, Gov. Small from his Of
flee issued the following statement to
the people:
"Supplementing a statement issued
today by my attorneys, Joseph W..
Fifer, former Governor of Illinois: !:
James NJ. Graham. former member OF
Congress, and George B. Gillespie. 1
desire to advise you as follows:
when Attorney General Rrundage
succeeded in securing from the Sanga-
mon county grand jury his indict-
ment against me. my first impulse.
cent. was to submit myself to the
court and stand trial in the ordinary
course of the administration of the
criminal law. My counsel. however.
advised me that such course would
amount to a practical surrender OF the
sovereignty of the state, IN VOCATION
of my oath Of office.
Advised to Resist.
"They declare, on the other hand.
that it is my duty. under the con-
stitution to decline to waive the in
dependence of the executive depart
ment; that it would be violation of
my oath of Office to do so. and that
such a course would necessarily re-
suit in embarrassment of the state
government.
They point out, and with unanswer-
able authority, that the exemption OF
a governor from arrest and trial upon
criminal charges during his term OF
office is not a personal privilege. but
an exemption in the interest of the
public welfare and to perpetuate the
independence of the executive de-
partment.
II accept these conclusions as ir-
revocable. by their very force point
ing out to me the course l should
pursue. and I shall therefore not at
tempt to waive the constitutional ex-
emption."
Expectant crowds began to gather
in the historic old courthouse early
to watch developments
Counsel for Governor.
Judge E. S. Smith arrived at 8
o'clock. Former Gov Joseph W.
Fifer, James NJ. Graham, former demo-
cratic congressman from the Spring
field district, and George B. Gillespie
of Springfield, of counsel for the gov
ernor, were waiting,
In response to Attorney GilleSpie's
question, the Judge said the warrants
for Gov. Small, which had been de-
livered to Sheriff Mester, had been re-
turned to the circuit clerk. \
AttorRey Graham. in opening the
argument for the governor, said he
was appearing as "a friend of the
court and a friend of human liberty
and orderly government" rather than
as counsel for the governor or any
other defendant.
States Attorney Mortimer was to
present the arguments of the prose-
cution.