The New York herald., 1921-07-27
COURT HOLDS SMALL
SUBJECT TO ARREST
Illinois Governor Offers to
Surrender OH Embezzle-
ment Warrant.
MILITIA NOT FEARED
States Tribunal Asserts
Forces Cannot Be Called
Out to 0bstruct Law.
HAS NO DIVINE RIGHT
sThe King Can Do No Wrong
Is Not an American
Doctrine.
MILITIA NOT FEARED
HAS NO DIVINE RIGHT

SPRINGFIELD, H., July 26.-Gov. Len
Small is subject to arrest and prosecu-
ton on warrants taken out following
his indictment by the Sangamon
county Grand Jury for alleged embez-
element of S5c0.000 interest on State
funds while State Treasurer Circuit
Judge Z. r. Smith ruled to-day.
Gov Small from the office of one
Of his counsel in Chicago offered to
surrender himself without resistance.
to Sangamon county authorities on
warrants charging him with embez-
Element.
The decision, while holding that
warrants should be served upon the
Governor, states that the Chief Exec
utive should be permitted a reasonable
time to make his appearance. The
Judge also held that it was beyond the
scope OF the Governor to cali State
troops to shield him from arrest and
scoffed at the claim of sovereign power.
Judge Smith. after reading his deci
sion, adjourned court until September s.
giving to Sheriff Mester six weeks IN
which 10 serve the warrants on the
Governor. or for the Governor to sur
render voluntarily and give bond.
Should Gov. Small decide to accept SER
vice the bond can be accepted and ap-
proved by the Sheriff and States At
torney Mortimer Gov Smalrs bond
was reduced to s50.09J. placing him n
the same level in this respect as Lieut..
Gov. Sterling and Yernee Curtis of the
Grant Park Bank, who were indicted
with the Governor.
"Friends of the Court"
Former Gov. Joseph w. Fifer and
George b. Gillespie of Gov Small's
counsel took the same places they occu-
pied last Friday, when as friends of
the court they argued immunity for the
Governor.
Are there any motions?" Judge
Smith asked when he took the bench.
and a hush fell over the courtroom.
There was no reply
Addressing himself to Attorneys
Fifer, Gillespie and Graham, counsel for
the Governor. Judge Smith then read his
opinion. Judge Smith said
Hon. Joseph w. F'ifer Hon. James NJ
Graham. Hon. George B. Gillespie:
Ou July you tnree DISTINGUISHED
gentlemen appeared in court as amici
curi@ and asked leave to advise the
court as to its duties. A request from
such a source could not be ignored. and
your contentious and suggestions merit
most serious and careful consideration
''On the twentieth day of July. 1921
the Grand Jury of Sangamon county re-
turned into this court three indictments
against Len Small, charging him with
criminal offences.
The statute makes IL the duty of
the court when an indictment Is returned
70 fix bali II the offence charged Is bail
able and makes II the duty of the clerk
OF the court to Immediately issue proc
ess OF capias directed to the Sheriff for
service.
sThe King Can DO No wrong,
Appearing as amici curiae to give the
court friendly advice as to it's duties and
the course 1t should pursue. you advise
that the court, on its own notion should
issue a restraining order enjoining the
clerk OF this court from issuing process
OF capias for the apprehension of the
defendant until after the expiration OF
his term of Office, and that the court
rhould suspend prosecution during said
term.
TN support Of this advice 1t is urged
that because of the high official position
OF the accused and the great disaster
that would otherwise befall the State
and In pursuance of public policy the
defendant is immune from arrest ant