The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-07-22
COURT TOLD JUDICIARY
LACKS LEGAL RIGHT TO
HOLD STATE EXECUTIVE
NO DECISION IN
SIN ALL'S CASE
UNTIL TUESDAY

Springfield, Ill, July 22.-"I will
wait and see what Governor Sinai
is going to do" said Judge Smith
after he had heard arguments by tn,
counsel for the governor, that The
state executive is immune from ar
rest on the warrants charging hin
with embeZzlement and conspiracy
Asked how long he would wait
the Judge said he had not decided
| "I have not made "up my mind
whether to adjourn court for the
term or only for the day." he con-
tinued.
Attorneys for Governor Small ap-
p2ared only as friends of the
court" and made no motion follow
/ ing their arguments. They indicat-
ed that they do not expect to ap-
pear as counsel for the government
but will remain firm in the stand
they have taken that the governor
is above interference by county
authorities.
Warrants for Governor Small
were back in the hands of Circuit
Court Clerk koehn today, and Judge
Smith gave no indication of what
his final action will be.
Addressing former Governor Jo-
seph w. Fifer, James NJ. Graham,
and George B. Gillespie, of the gov
ernor's counsel, Judge Smith said
after the four-hour argument be-
fore him:
THE court appreciates the kind
ness of the gentlemen who have
come in here as friends of the
court and the court has been de-
lighted and enlightened by their
arguments, and presentation OF
questions.
Il think no one has been more
insistent upon due observation OF
the distinction between, or division
of governmental powers under our
present lava division of the ex-
ecutive, legislative and judicial
branches.
Expresses Views.
There is nothing before the court
to be decided just now. The court
is simply expressing some view
"At the outset of this argument
and through it all questions of the
three departments of government as
expressed in the rules of the con-
stitution and law have been ques-
tions of government.
1T is certain that the judiciary
OF any other power has not the
authority to coerce the executive.
Constitutional provisions have
been referred to. 1t should be
borne in mind the constitution of
the state is the constitution of lin
itations. The constitution of this
state does not confer powers but
simply limits. The result is that
the legislature has the power to
do anything it is not restrained
from doing by the constitution.
"The constitution provides wisely
that senators and representatives
can not be arrested during a ses-
sion. The purpose and reason OF
that is very evident There might
be some important question pend
ing before the legislature, the vote
might be close and someone not
very scrupulus might conceive the
best way to defeat it would be TO
arrest a member until the matter
had been disposed of. We have
heard of these things in politics.
"The action pending here and
which somewhat distresses the
court has no relation whatever to
any official conduct of the gov
ernor as governor. The offense
charged is not an offense commit
ted as governor.
THE contention made here, if it
prevails, would mean that the. gov
ernor can, during his term of Of
flee, commit whatever crime he
rleases and would be answerable
to nobody until he gets out of office.
l. would mean that for four years
the governor could commit any vio-
lation of law. l am not saying that
the governor would do it, but that
is the result of the argument
Suppose the governor should be
reelected. He would be exempt for
eight years"
Attorney Graham interrupted the
court and said:
Don't you see that by his re-
election the whole people would
have passed upon his case?"
But this is question for the ju-
dietary to pass upon," Judge Smith
replied.
Decide Tuesday.
Addressing newspaper men who
gathered in his court room when
he reconvened court shortly after
2 p. N. today. Judge Smith said:
'1 may as we'll tell you that
there will be nothing done in the
case in which you all appear to be
until Tuesday morning"
No attempts to arrest Governor
Small can be made before next
week, as a result Of the judges ac
ton in postponing all further ac-
tion until next Tuesday morning.
With the exception of Lieutenant
Governor Sterling's appearance this
the status OF the cases
against the governor, lieutenant !
governor and Vernon Curtis re- I
manned unchanged today.