New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-22
Small Refuses
TO Be Arrested:
Pleads Office
Holds If He Surrenders and
Gives Bond He Would BE
Giving Up Constitutional
Rights as the Governor
Case To Be Argued To-day
Foes Say Embezdement,
: Conspiracy Charges Will
: Be in Force End of Term
Specie, Dispatch to The T,-ibune


Special Dispatch TO The T,ibune
SPRINGFIELD, H., July 21.-Gov-
Stnor Len Small refused to submit to
trreyt to-day on warrants issued, fol-
owing the return yesterday of three
f,dictments by the Sangamon County
ssrand jury, charging him with en-
SETTLEMENT of state funds and con-
spiracy Arguments on the Governor s
constitutional right in the matter will
Ssobe heard tomorrow morning, according
- to an announcement this afternoon in
,uJudge Smiths court
An opinion upon which Governor
Small based his action, with precedent
set by Governors Altgeld and Tanner,
who refused to submit to arrest follow
sing indictments on charges which died
with the indictments, was prepared and
signed by Attorneys George B. Gill
= lespie, of Springfield; Joseph w. Fifer,
of Bloomington, foTmer Governor of
Representative from this district. Mr..
Graham appeared in court with the
opinion and announced the decision of
the Governor to abide by the advice of
his attorneys.
The attorneys take the position that
Governor Small cannot be arrested
while Governor, and that if he sur
renders and gives bond it will be a
US surrender of his rights and will estab-
fish a precedent.
Warrants Continue in Force
. This leaves tactical victory for the
state, for the warrants still stand
against Governor Small. It is asserted
that should the court rule in favor Of
the position taken by counsel for Gov
~ernor Small the indictments would still
stand against him and would be in
force when his term of Office expires.
The standing of proposed civil suits
against Governor Small will not be
affected it is said. The position taken
by Governor Small and his attorneys
Gs considered an unwise one by some
lawyers and politicians here 1t is be-
leved it will be constructed by the peo-
pie as an attempt to avoid trial, which
is contrary to former statements said
to have been made by Governor Small
sto the effect that If he were indicted
ss~he would demand an immediate trial.
Lieutenant Governor Sterling an
nounced in Rockford to-day that he
a. would be here tomorrow to arrange
II for his bonds on the three indictments.
- Judge Smith reduced the bond of
4sv Verne E. Curtis to $4,000. When the
~ indictments were returned yesterday
30 the bond was fixed by the court at
$4,000 on each indictment. The order
of the court to-day permits the
$4,000 bond to stand for both indict-
Seg ments against Curtis. Ernest Curtis, a
brother, and Mrs. E. B. Griffin, q sister,
NJ both from Grant Park, signed the bond
"a, for Curtis.
~ Four Indictments Returned
They covered charges of fraud by the
three men during the terms Of Small
-. and Sterling in the State Treasurer's
s =. Office, between 1917 and 1921.
a The first Indictment charged the
r Governor, Lieutenant Governor and
Curtis jointly with embezzlement of
= 100000 A separate Indictment against
r Small charged him with embezzlement
oa of 100000, while Lieutenant Governor
'eT Sterling was individually charged with
a. embezellement of 100000. The fourth
Indictment charges the three with con-
,,.spiracy and confidence game, involving
$2,000000 interest on state funds.
The indicted men are accused of
sS having appropriated to their own uses
the $2,000000 mentioned in the indict-
ss4a ments--interest money earned by the
State Treasurer's Office on state money
r. lent during the terms Of Small and
RI Sterling as state treasurers. The Grant
e Park paper" bank, which was owned
~ by Curtis and a brother, features in
- several counts, although other acts are
= also charged.
& There is considerable discussion to-
. day as to just what would happen if
: Small and Sterling were convicted. 1t
Z was pointed out that custer proceed
ings probably would be the natural
course, as the constitution Of Illinois
50 declares that no person who owes the
state money is eligible to hold state
Office
Probable Successor Discussed
The next Governor of Illinois, should
both Governor Small and Lieutenant
Governor Sterling be ousted, will be
one OF three men; which one opinions
= of lawyers differ. The Supreme Court
g of the state probably would have to
decide finally who would become Gov
a ernor if the present Governor and
- Lieutenant Governor lose out. Pre-
ponderance of legal autho rites favors
the belief that State Senator William
IS Jewell, of Lewistown, would succeed
sa to the Governorship through promotion
from his present post of President pro
tempore of the state Senate Others
hold that former Governor Frank O.
u Lowden would be entitled to resume his
= old place as head of the state gov
~ eminent on the ground that successor
! had never qualified for the Office. There
4 are not few lawyers who assert that
? James Hamilton Lewis, the Democratic
candidate for Governor last fall, would