New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-27
Small Tells
Sheriff to
Arrest Him
(coutinuod from page one)

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George H. Gillespie ana former Con.
grcssman James M. Graham. who have
refused to enter appearances as attor
neys for Governor Small before Judge
Smith, offering their opinions, as they
have said, merely as friends Of the
| court. pleaded again to-day for their
view Of the case, but as they have not
entered appearances for the Governor
Judge Smith held that their opinions
could have no effect upon the findings
of the court.
In reply to contention by these at
torneys that impeachment was the only
punishment possible for the Governor,
while Lieutenant Governor Sterling is
not, exempt from criminal prosecution,
Judge Smith said that the Constitution
provides for prosecution, trial, judg-
ment and punishment according to the
law"
The opinion, involving one Of the
most important issues in political con-
troversies in history, was read before
what was said to be the largest court
assemblage in the history of Sangamon
County. In presenting his view of the
case, Judge Smith brought out with
emphasis the following points:
That in the State of Illinois, or in the
United States for that matter. there is
ereigns and that king has no counter
part in Illinois.
That the Governor cannot call state
militia to protect him from sheriffs
armed with warrants for his arrest;
that such a move is outside of his
province.
That the Governor, in spite of the
fact that he is chief executive officer
of the commonwealth, to- dav is subject.
nevertheless, to arrest and prosecution
Tor whatever he may have done as
State Treasurer.
That were the case to be DELAYED
overlong the indictments would expire
through the statute of limitations. In
other words, were the indictments to
lie dormant until Governor Small stems
from Office they would be ineffective.
That it is not within the province of
the court, or any court to withhold
warrants for the arrest of the Gov
ernor.
That in fairness to the Governor,
and in recognition of his official posi-
tlon, he should be permitted to make
voluntary appearance instead of being
arrested and hailed into court by a
sheriff.
Governors Lack kingly Halo
On the contention of Governor
small's lawyers that the doctrine of
the divine right of kings exempted the
Governor from arrest, Judge Smith
said:
1.-THE king can do no wrong.
IN support of this advice it is urged
tnat because of the high official posi-
ton of the accused and the great dis
aster that would otherwise bcfall the
state. and in pursuance of public policy,
the defendant is immune from arrest,
and that prosecution should be sus-
pended. To sustain this contention the
monarchical maxim the king can do
no wrong is quoted.
The king can do no wrong, is an
ancient doctrine, but in this Republic
1t has never reached the application
that an elected official can do no wrong.
we have been extremely fortunate 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 their term of Office.
Our governors are not born kings.
They are not surrounded by halo by