The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-08-03
barometer of Pubtic Opinion
Indictment Of the Governor.

Editor Notb. Indictment OF Governor Small
or Illinois ana ha determination to resist arrest
ana trial presents question VI much intur,st
ana Of not "a little Importance.
. IN an editorial "A few duy8 ago YOU ,riy that
Governor SWaiIs claim that he ls not sub l,ct To-
"IItst, rests upon the old falacy hat tho king
,Ah 40 no wrong do not think that this is the
foundation Of his claim. Thc governors claim
~ not thdt he cIn not do wrong but that while
ne ~ governor hc can not be called 20 account
'r a"'sed "IohEdoIng by tho judicial branch
OF the state. In other words. that one branch
OF government can not call the supreme power
.t It ''-or ulhhtc branch OF the same government
icsally thls position seems to bc unonswcr.
In''' III ahyon" except the governor be in
"i,Vu !n' po""r to cause tho arrest is vested
not M the JudGo to whom tho Indictment Is re-
luih'd' put to the governor. True the writ ia
p'.'i IN IN" hands of the sheriff But II the
ah'II't can not make The arrest uualdcd hc calls
G.II' INC s"o b,''h"r. II tho accused person has
l"u lh' stale hr iS returned to answer the in
dictmcnt through the governor. II the governor
H",a ~ hot t'ac ~ to Grant his aid the defendant
IN not returned at all Th" court is powerless.
based upon tho theory that The ox,,i,iiv,
1,hh'h oil tho state viii exert its power to carry
the Judgment into effect. But the governor can
NOT be compelled to exert the power that ia
Vested IN HIM aFiin"t himself 1t is true that
ubAhst inc governor. But in every instance
the court has admitted in advance that If the
governor should see fit to dste gard the writ
tne court Ha" no way by which it could be On
i"rIed Olhcr courts more consistently refuse
TO issue writs against the governor.
TINS does not mean that the Governor is above
t@nc @ 'aw' but 1t does mean that the governor
mhlle ne romans goVornor--is above the crdi-
nary process of tho courts. The only power To
which he Is answcrnOe is the legislature ln|
the IeGlslature Is the power of impcac hment
IN the legislature - the supreme power Of every
tTee government IL not indeed of every GOV.
erhmont that hd1 a legislature. This truth is
found IN the very nature of govcrumonT and
does not depend upon the form OF the govern
mcnt.
Tho legislature could not he made s,,btrct toI
ti'htl inc executive or the judicial branch OIL
me state even II II was expressly so written inI
the constitution. Tho legislature may cali both
fha tl lI.f
hul tho Judge can not call either the chief ,.N-
t'uiNt or the legislature to account lie may
n' called {" answer as any other man after he
mas bccn removed from the EoyoruuIshlp But
not while he holds the power OF the rh,cr ,N-|
tcullEo otilce. We make the thrc, departments
~ h'NtIuheht coordinate so far as the nature
or government will permit Us to do su. liut iu
,he very nature of things the judicial depart
Ihtht Is To great extent the servant of and de
pendent upon the other two. Instead of being
the highest 1t Is the lowest of the three
1T any man other than The governor in Hi
noiS were indicted Tor any crime no one win
uthy thdt There IS power In Governor Small to
prevent the trial-tu dismiss thc Indictment.
lie may pardon the accused before the trial a4
"'l as AFTER This power has been exercised In
-, ''"'' ''.S ''S'' 'N"'dnS lh' case or lhosr
accused OF the murder OF Senator Gohle of
kentucky. President Roosevelt parduucd al
man indicted for robbery of thc mil rhir m"
trIdl was IN progress ana ordered the trial
stopped. No one questions ,ho power OF the
governor TO pardon ia" accused after conviction.
the goycruur is iudirtcd2 II Is i'm the goyrrnor|
himself or hg has 'os, right that les accorded
This Ia quite aside from the quest ON Of moral
right mold no brief for Governor Sma.Is
moral Sd" of the case. do not say that it is
tho Whu|. monographs thiuE for HIM To hide
himself h"hind ms legal power. II rather looks
To- me IKE at least a scmI- confession of guilt.
Ni'n would no DOUBT think much more highly ut
him u he would permit the law To take its
course when 7"i In operation against himself.
l'ut lu l'.t' thought Wc must grt go the top of
tn" pyramid some time. There must be a
power that ls no, HuSN"rNp'o tu ANY h.-uyr legal
power. in free governments at lrost, this su-
ID lh Rt,f "A