Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1921-07-26
JUDGE SMITH RULES
AGAINST GOVERNOR
ON IMMUNITY Plea
Springfield, July 26.-Judge Smith in his opin-
ion the question Of the arrest of Governor Small
for embezzement held that warrants should be

A~S VoA oAtSo SiAOold oC
served upon the COVER
nor, but that the execu-
tive should be permitted
to make his appearance at his conven-
ience, within reasonable time.
The Judge developed his opinion as
follows:
First-That there is no such thing
in Illinois as the divine right OF
kings and that the king has no
counterpart in Illinois.
Second-That it is beyond the
scope OF the governors power to
call state troops to shield him from
arrest.
Three-That Governor Small, de-
spite his position as chief executive
OF the state, is subject to arrest and
prosecution for his acts as state
treasurer
Four-That the statutes of limita-
tions would expire through any pro-
longed delay in serving warrants
upon the governor.
Five--That it is not the duty of
the court to withhold warrants for
the governor.
Six-That Governor Small should
be permitted to voluntarily present
himself before the court.
Governor To Ignore Warrant.
Early today it was said the governor
was prepared to ignore warrants ON
the ground that as chief executive he
is immune from interference by San
kanloh county authorities. That, it
was believed, would be the etent OF
lis Resistance.
Significance was attached last night
to the drilling of company c, Fourth
Illinois infantry in the state arsenal.
Persistent rumors that troops would
be called were kept afioat
Crowds Fill Court Room.
Spectators began to arrive in the
historic old court room long before
Judge Smith was ready to open court.
The Judge arrived early and went to
his private chambers. A large bou
quet of gladiolas occupied conspic-
uous place on the judges desk
BY o'clock many seats in the
court room were filed. A number Of
women were among the early arri-
walls. 1t was eight minutes past nine
when the judge took the bench and
asked if there were any motions to
be made. Former Gov JOS. W. Fifer
and Geo. b Gillespie, of Governor
hA fsIa
they occupied last Friday when. as
friends of the court" they argued
immunity for the governor.
Are there any motions?' Judge
Smith asked, and hush fell over the
court room. There was no reply.
Comments on Bouquet.
81 notice someone has kindly sent
the court a nice bouquet" the judge
observed 81 hope after they have
heard what the court has TO say they
will be willing to let it remain
This brought a laugh from specta-
tors
Addressing Attorneys Fifer Giles
pie and Graham counsel for the gov
ernor, Judge Smith began to read his
opinion. In his opinion the judge
said:
Honorable Joseph Fifer, Honorable
James NJ Graham and Honorable Geo.
b, Gillespie:
"On July q you three distinguish
ed gentlemen appeared in court as
'amici curas' and asked leave to ad-
wise the court as to its duties. You
honored gentlemen, all long time
personal friends of the presiding
judge, have each held places Of honor
and trust in the state, well filled by
each of you Besides other positions
one has been governor of the state.
one a member of congress and all
have been states attorneys in your re-
spective counties. and are able law
yers. well familiar with the laws gov
erning with procedure in criminal mat
ters A request from such source
could not be ignored. and your con-
tention and suggestion merit most
serious and careful consideration.
Hearing was had on July p. Len
Small became governor of Illinois in
January, 1921. beginning term of
four years and is now governor of the
state On the goth OF July, l92l, the
grand jury of Sangamon county re-
turned into this court three indict-
ments agains Len Small charging him
with criminal offenses.
"The statute makes it the duty of
the court when an indictment is re-
turned to fig bail, if the offense is
bailable and makes it the duty OF the
clerk to Immediately issue process of
capias directed to the sheriff for serv-
ice.
Appearing as amici curriae TO give
the court friendly advice as to its du-
ties and the course it should pursue,
you advised that the court on its own
option should issue restraining
order enjoining the clerk of this court