The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-07-27
Hours Grace AI-
lowed Executive Expire.
Wires From Chicago
That He VIII Submit.
WILL NOT CALL ON TROOPS
Idea of ForcibIe Resistance Has
Been Given Up.
Sheriff Awaits His Return to
Capital to Serve Warrants.

Springfield, ILL.,, July 27.-Three
warrants for the arrest of Gov. Len
Small, of Illinois, were turned over
today to Sheriff Henry Mester, of
Sangamon county for immediate
service.
The twenty-four hours of grace"
allowed the governor for a peaceful
surrender" have expired. it was an
nounced. The governor, last reported
in Chicago, has announced his willing
ness to submit to arrest in that city,
but local authorities desire to arrest
him in the state capitol.
The warrants reached Sheriff Mes
ter at 9:s9 o'clock.
Judge E. S. Smith, in the Sangamon
county circuit court Tuesday, held
that Governor Small is not immune
from arrest and ordered him taken
into custody. He ruled that the gov
ernor should be given reasonable
time" to submit.
May Start Habeas Corpus.
If a warrant is served on the gov
ernor today, either at Chicago or
Springfield, it is presumed that he
will permit himself to remain in GUS
tody while habeas corpus proceedings
are instituted to bring the case to q
quick issue by requiring Attorney
General Brundage to show proof why
the governor should submit hifnsen
to criminal trial.
Governor Small and Attorney Gen~
eral Brundage are both In chicago
today and, with the attorney generars
assurance that no attempt would be
made to embarrass the governors
those interested deemed it likely that
the next step would not be taken un-
til one or the other returned to the
capital.
States Attorney Wnits.
The drama involving the arrest OF
Governor Small centered today on the
office of states Attorney c. Fred
Mortimer. Mortimer, at an early
hour today, had still refrained from
ordering the warrants given 70
Sheriff Henry Mester for service
"I am awaiting some action by the
governor Mortimer declared: he
added that the next move would have
to come from the states chief execu-
tive, who is now in Chicago.
The Sudden flight" OF the governor
from Springfield for conference with
political advisers in Chicago was taken
to indicate that he will recede from
his refusal to submit to arrest. Re-
ports were widely circulated here that
the governor would return to SPRING
field within the next twenty-four
hours and submit to the process OF
law.
VIII Not Call Troops.
The threat of the use of state troops
to protect the governor from arrest
has been entirely discarded, according
to the governors friends. This deci-
sion was reached as a result of Judge
Smiths warning that the calling out
of troops would constitute a violation
of the law. The court also urged the
troops not to respond to such an order
If issued.
The governors legal advisers. in>
Guiding former Governor Joseph W.
Fifer, have constantly urged him not
to submit to arrest. cautioning him
against setting a precedent to COVER
nors for all states in the Union. His
political advisers, it was stated. have
taken an opposite view.
His political advisers have urged
him to permit service of the warrants,
resisting only to such an extent a.
does not involve force.
1t is possible however, that the gov
ernor will veil his movements with se-
crecy resulting in a long -drawn-out
chase"