The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-07-22

!, the governor Attorneys Fifer,
1-.ham and Gillespie said:
sThe governor of Illinois has
-.rv many, and very important du-
80. - 10 perform, duties that prop
~ ~ nerformed, require his con-
ut attention and his best ability.
= The proper performance of these
s = it should be and it is the
saiicy underlying the constitution
~, he shall not be hampered, or
sa-sstened. or coerced in doing or
.l;,Ing 10 do what is for the best
sa,srests of the people who elected
him.
1t II rests on the theory that
~ nolit;cal power is for the people
"a the people delegate that power
- their officers to be exercised
during the term of office. Their
o-acutiye power. they delegate to
~ Governor. He, and he alone,
sn Exercise that power during his
.s-r of service and he is response
ssa IN them, and to them only, for
~ manner in which he exercises
hat mower, subject, of course, to
imneachment-
now il the governor may be
nrosecuted under an Indictment
hiring his term of Office in any
county in the state, he may also be
- other counties-passibly in 1O2
at is within the knowledge of
roet neople that indictments can
10 and sometimes have been OBJ
aimed for Interior and even unlaw-
tul purposes.
Indictment might be obtained in
some of the counties IN ILLINOIS
through an unlawful conspiracy.
II is conceivable that a governor
might he thus made the victim or
nersoual or partisan malice.
of is conceivable that band OF
consnirators who were trying 10
get a governor to act in some man
nsr where he ought to withhold &C
tion. or tried to get him to refrain
from acting in a matter where he
ought to act, might make an effort
m influence his official conduct by
threat of indictment and prosecu'
ton. and in a moment OF weakness
he might yield to them, thus de-
nriving the people of the benefit or
his free and uninfluenced Judgment
in matters of great public concern.
Unsound Policy.
ut would indeed be an unsound
public policy which would open the
rate to such opportunities for sway
ing the official conduct OF the chief
executive of the state. From the
foregoing. it must appear that even
though the governor were amena-
HE 10 prosecution as an individual,
vet sound public policy demands
that he shall be free from proSecu-
ton so long as he is the supreme
executive of the state.
THE trainers of the constitution
understood all this thoroughly, and
mel it by providing a way, the only
way they did provide. for dealing
with an unfaithful executive, name
". impeachment.
There are a number of other rea-
sons why the supreme executive Of
fcer of the state should refuse to
submit himself to the jurisdiction
of a coordinate branch of the state
department. reasons of a constitu-
tional as we'll as of practical ma
ture, reasons which seem to US to
be conclusive.
Nov. how could a government
function without a head?
How could the laws be executed
without an executive?
How could the laws enacted by
the legislature be either in force or
enforced without a governor?
Now suppose the governor sub
mits to arrest. Suppose he refuses
to give bail Suppose he is i'm
prisoned, but although imprisoned
he is in the state and still gov
ernor. While thus under duress, he
might very naturally refuse to act
in his official capacity, he might de-
cline to perform the functions of his
Office The governor being in the
state, the acknowledgement can
not act as governor, and so the ex-
ecutive function is suspended, the
body is without a head. Chaos will
reign.
Should Sheriff Act!
Again: suppose the court orders
the sheriff to arrest the governor,
and that the sheriff tries to carry
out the orders of the court, but the
constitution makes the governor a
commander-in-chief of the military
and naval forces of the state, and
Inc officers and members of these
forces are sworn to obey their COM
manderin-chief.
Should the sheriff attempt to
use force in arresting the governor?
The military obeying their COM
Mander-in-chief, resist the attempt.
what is the result? One independ-
eHt junction of the government try
hg by physical force to overcome
and reduce to subsection another
equally independent branch. The
mouse is divided against itself.
anarchy may follow.
again: suppose an accused ex-
etutve submits to arrest and trial,
ana is convicted. The constitution
PAGES in his hands the exclusive
exercise of the pardoning power. Is
y not quite absurd to suppose that
.ne farmers OF the constitution in
seAoed that a governor of the state
, .oaia possibly be placed in a posi-
..oa where he would be called upon
70 pardon himself?
Ihey knew very well that while
~ was governor. he was not amen
no'e 10 prosecution, and they made
tIngency.
= may be said-indeed it is said
vi course, the law is as you have
sa'eo H. but Just the same, the gov
aor ought to submit to the pro-
80 ss OF the court Those who take
N4al DCSlliNn M dn..h.