The Washington times., 1921-07-21
GOV. SMALL DEF|ES
COURT TO ARREST
HIM FOR GRAF TING
Will Call Out State Troops to
Support His Claim to Ex-
ecutive Immunity.

SPRINGFIELD, ILL.,, July IL
Gov. Lem Small. central figure in
the greatest political sensation in
Illinois history, stands today on the
position that he, as the States chief
executive, is above jury. warrant, or
any agency on instrument OF the
judicial branch of government.
1t is situation which might re-
suit in calling out State troops.
Advised 10 Stand Firm.
An opinion, now signed by former
Congressman James M. Graham and
George Gillespie, of Springfieid--anh
expected to be signed before noon by
former Gov. Joseph w. Pifer, Of
Bloomington. holds that the governor
owes IL as his duty to the State and
the Government to hold himself above
the authority of the Sangamon county
officials.
Governor Small. through his law
yers, will communicate, II is believed,
that position to Judge r.. s. Smith in
the next few hours and ask that the
court withhold warrants.
But bench warrants ALREADY haze
been issued by Circuit Court Clerk
Cohen, and are In the hands Of Sheriff
Henry Mester. despite the fact that
Judge Smith yesterday decided that no
process should issue on the grand jury
indictments until he has heard from
the governor.
May Call State Troops.
IL Judge Smith, as lis likely, over
rules the contentious Of the governors
lawyers, or IL the sheriff proceeds 10
serve the warrants forthwith, State
troops TO protect the governor would
then be possible.
But the governors friends hope II
will not be necessary TO go to that ex-
treme. They believe the issue will be
settled by means of customary legal
procedure.
Governor Small, Lieut.. Gov. Fred
Il. Sterling. and Vernon S. Curtiss
were indicted by the Sangamon
county grand jury on charges OF en-
bezzlcment, conspiracy and conf
dence game involving a total Of 50 ,000,-
900 OF State funds.
Feud Is Cause. Says Small.
Governor Small issued a statement
in which he declares that Attorney
General Brundage, leader of the
conspiracy" has gained the indict.
ment simply because of the personal
fury | aroused in him because | re-
fused TO permit him TO take from the
lax payers pockets 81 .00O, 900 for the
upkeep Of his personal political ma
chine"
Other parties aiming at his politi-
cal assassination, the governor
charges, are the traction interests
OF Chicago. the public utility inter-
ests, and certain Chicago newspapers.
The governor said he was not sur
prIsed at the Sangamon county
grand jury In returning the indict.
ment, as il was the only county in
the State where he iBrundage) had
any hopes OF securing an indictment
against me-"
He charges that Sangamon county
lis dominated by an organization
protecting the most vicious Grimm
ais and brazen law violators to he
found in the State"
The next term OF the Sangamon
circuit court will be held in Septem-
beE and unless a change of venue
is taken, the case likely will be
tried here at that time.
Future At Stake.
Should the governor and the next
highest officer in the State be con.
victed of the charges of conspiracy
and embezzlement returned in in.
dictments by the Sangamon county
grand jury, what would be the re-
suit
This was the question being asked
on all sides by officials at the State
capital today, following the grand
iury's action.
Many of the governors opponents
declare that custer proceedings will
be brought at the next general ses-
sion Of the general assembly in 1923.
The constitution OF the State, they
point out, holds that no person guilty
of any crime or felony is eligible to
hold an official State position.