New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-27
Small Tells
Sheriff to
Arrest Him
Announces He Is Ready to
Submit After Court Saws
Illinois Governor Has
No Rights of Royalty
Appeal to Militia
Beyond His Scope

Judge SCOTS Plea ssKing
Can Do No Wrong ;
Action Expected To-day
SPRINGFIELD, H.. July 2G.-Gov-
ernor Small, from the office Of one OF
his counsel in Chicago, offered late
tonight to surrender himself without
resistance to Sangamon County au-
thorities on warrants charging him
with embezzlement of state funds
while treasurer of Illinois. Sheriff
Henry Mester announced that he had
received the following message from
Chicago:
"To the Sheriff of Sangamon County,
Springfield, H.:
This is to advise you that Governor
Len Small is ready to submit TO YOU or
any of your deputies, or to the Sheriff
~ ~ Cook County, at any time tomorrow,
Wednesday, July 27, in my office in Chi >
cago, Ill, in submission to the capias
which | understand Judge Smith has
directed you to execute on the Governor.
In order to conserve all parties rights
please advise me when you will come to
Chicago.
(Signed) "ALBERT FINK,
Counsel for Governor Len Small"
Special Dispatch to The Tribune
SPRINGFIELD, ILL.,, July 26.-Gov-
ernor Small is subject to arrest and
prosecution on warrants taken out fol-
lowing his Indictment by the Sangamon
County grand jury for alleged embez-
Element Of 100000 interest on state
funds while State Treasurer, Circuit
Judge E. S. Smith ruled day.
The decision, while holding that
warrants should be served upon the
Governor, says that the Chief Execu-
tive should be permitted "a reasonable
time to make his appearance, "volun-
tarily presenting himself before the
court The judge also held that it
was "beyond the scope of the Governor
to call state troops to shield him from
arrest" and scoffed at the claim of
sovereign power" saying there was no
such thing in Illinois as the divine
right of kings
Allowed Six Weeks to Surrender
Judge Smith, after reading his de-
cision, adjourned court until Septem-
Der s. giving Sheriff Mester six weeks
IN which TO serve warrants on the Cow
ernor or for the Governor to surrender
voluntarily and give bond. Should
Governor Small decide before the re-
cohVenlng OF court to accept service
the bond can be accepted and approved
by the. Sheriff and States Attorney
Mortimer
Governor Small's bond was reduced
to $4,000, placing him on the same
level IN this respect as Lieutenant Gov
ernor sterling and Verne L. Curtis of
Grant Park Bank, who were indicted
with the Governor. ''o
AdJutant General Frank s Dick.on
denied point blank to-day that orders 1
OF ahy kind have gone out toward cali.
ing out state troops to defend Goyernor
small against threatened arrest. The
aoJutant general was an early visitor
TO the Governors office today. He oot
there before the Governor did. Stronr
eHorts were made 70 keep the lid on the
sely eVldent excitement that pervaded
Governor Small denied there was
any truth in reports he was PLANNING r.
submit to service of the warrant and
then apply through counsel at once for
writ of habeas corpus.
mere IS no truth in any such re-
port, the Governor said as he left the
capitol. He walked to the executive
mansion IN company with his LAWYERS
and several friends and relatives.
Habeas Corpus Plan Reported
Reports of the habeas corpus plan as
scheme to avoid an open clash fol.
lowed close upon a visit paid to ths
governors Office after court adjourned
by the three lawyers who had appeared
IN court. Several copies of Judge
smiths lengthy discussion were taken to
the Governors Office where he was
closeted with his counsel for two hours
before going to luncheon.
The first move of the state to serve
the warrants on Cove: nor Cmall came
this afternoon when States Attorney
Mortimer telephoned George D. Sutton.
private secretary of the Governor. sug-
2esting conference on the situation.
Mr.. Sutton replied that Governor
Small was the only one who had
authority to speak on the subject, Mr..
Mortimer made no further effort to
discuss the matter amicably Later the
Governor departed for Chicago.
The warrant has not yet been turned
over to Sheriff Mester, the state first
desiring to give Governor Small every
opportunity to submit peaceably to the
courts order.
1t is expected, however, that the
warrant will be given to the sheriff
within the next twenty-four hours, un-
less some communication is received
from the Governor. Sheriff Mester in
dicated he would attempt to serve the
warrant in the usual way. but would
not say what course he would pursue
if resistance is met with.
Former Governor Joseph W. Fifer.
Continued page sX)