The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-07-22
Court Orders Indicted Illinois
Official Arrested.
Len Small Refuses to Submit
to Judicial Branch.
WOULD Be LAW VIOLATION
May Declare Martial Law in
SangamOn County Soon.
Sheriff's Forces and Militia May
Clash When Warrant Served.

Springfield, ILL.,, July ga bitter
battle to the finish between the judi
cial and executive branches of the IL
linois state government seemed immi-
nent this afternoon when Circuit Court
Judge Smith refused to restrain the
issuance of warrants for the arrest of
Governor Len Small. on charges in
volving the misuse Of state interest
funds.
Governor Small, in a statement
earlier in the day, declared he would
'irrcYocably refuse" to submit to ar
rest.
Judge Smiths decision this after
noon followed four hours of argument
by attorneys representing the governor
tl-at the states chief executive was
immune to arrest" The judge dis
agreed and ordered the governor ar
rested.
A clash between state troops and
the sheriffs office probably viii re-
suit should the sheriff make phyz
sical effort to serve the warrants.
It is also possible that martial law
will be ordered by the governor in
Sangamon county to prevent service
of the warrants.
As the Sangamon county circuit
court convened this morning to hear
the plea of counsel for Governor Small
that he IS immune from arrest, the
governor issued q statement declaring
he would protect his right of constitu-
tional exemption that perpetuates the
independence of the executive depart
ment of the state.
May Call National Guard.
Just how far Governor Small will
go in protecting the constitutional
rights Of his office was not definitely
stated but it is pointed out that as the
chief executive, he holds the power of
commander in chief of the national
guard and that in case of service OF a
warrant, he necessarily would have to
call upon the troops to protect him.
The governor says that his first i'm
pu Sc following the indictment on
charges of eTnbezzlement and conspir-
acv was to submit to arrest. On the
advice OF his counsel. however, he adds
this would amount to a practical sur
render of the sovereignty of the state
in violation of his oath of office.
"They (his counseD point out" the
governor said "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 depart
ment."
The governors statement follows:
Would Have Stood Trial.
"Supplementing statement issued today
by my attorney, the Hon. Joseph W. Fifer,
former governor of Illinois; the Hon. James
NJ Graham, former member of congress,
and the Hon. George G. Gillespie, desire to
advise you as follows:
when Attorney General Brundage sue
ceeded in securing from the Sangamon
county grand jury his indictment against
me. my first impulse knowing that 1 am
absolutely innocent, to submit myself
to the court and stand trial in the ordi-
oF ndr IN Gtraf fOT1o Of prfT
inal law. My counsel, however, advised me
that such a course would amount to prac-
tonl surrender of the sovereignty of the
state in violation Of my oath of office.
They declare on the other hand, that It
is. my. duty, under the constitution to de-
cine to waive the Independence Of the eX
ecutive lepartment; that it would be a
W alton of my oath Of office so to do,
AMI that such q course would necessarily
result in embarrassment of the state gov
ernment.
Resist for Public welfare.
"They point out and with unanswerable
authority, that the exemption of governor
from arrest and trial upon criminal charges
during his term of office, is not Il personal
privilege but an exemption in the interest
of the public welfare and to perpetuate the
Independence of the executive department.
Il accept these conclusions asirrevocably.
by their very force, pointing out to me the
course l should pursue. and 1 shall there
fore. not attempt to waive the constitution
al exemption. (Signed)
Governor of illinois,"
Attorneys for Gov. Len Small,
indicted by a Sangamon county
grand jury for the embezzlement
of interest on state funds while
state treasurer, advised him today
to resist arrest on the grounds
that he would violate the con-
stitution and betray the people by
submitting. If the court decides the
governor is immune from arrest as the
states chief executive. the capiases
for his arrest now held by the sheriff
of Sangamon county would probably
be withheld until the expiration of
Governor Smalls term of office, three
and half years hence.
Lieut.. Governor To Give Bond.
Differences of opinion emanated
from the two Republican political fac
tions as the point was taken up in
court. The Brundage faction, which
is pushing the case, steadfastly main
tain that the governor is not pro-
tected by the statutes from arrest.
Lieutenant Governor Fred B. Ster-
ling, of ROCKFORD, indicted along with
the governor on like charges, is ex-
pected in Springfield today to fur
nish bonds The lieutenant governor
wired from his home yesterday, stat
ing that he would be on hand this
morning. His bond also totals $780,
600.