New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-08-09
Small, Caught
Al StateHousc.
Defies Sheriff
Illinois Governor Warns
Official His Bond Will
Be Forfeited if He Serves
Embezzlement Warrants
DAYS Truce Declared
Official Tells Executive He
Will Bring Him In if
He Doesn't Come Himself


SPRlNGFlELD, MS, Aug. s.-Cov-
e~nor Len Small returned rather un-
expectedly to the State Capitol to-day
from his home in Kankakee He had
previously announced ne would return
TO the Executive Office Tuesday.
Several hours after his arrival
Sheriff Mester. who holds three war
rants for the arrest of the Governor
on charges of emb eZzlement and con-
spiracy. went to the State House, ac-
companied by deputy. to serve the
papers. The deputy was left outside
while the Governor admitted the
Sheriff. after he had called steno-
grspher to take stenographic report
of the entire conversation. He made
it plain he would not submit to arrest
and warned the Sheriff he was in dam
ger OF FORGETTING his bonds if he per
sisted in attempting to arrest the Gov
erner. The warrants were not served.
The Governor continued to claim i'm
munity. The Sheriff later said: II
told him ! intended to serve them and
that if he did not come in | would
have to bring him in"
Says Governor Threatened
Governor Small suggested to me T
would be subject TO suit on nv bonds
persist IN carrying out the court
orders added the Sheriff, and init
mated that if attempted to arrest him
he would have my bonds forfeited, but
1 intend to carry out the orders of the
court"
sner;@ Mester greeted the Governor
cordially and the two shook hands
y thought | would come and see you
about those warrants and see whether
you had made any ARRANGEMENTS to
come in and give bonds, and save
trouble said the Sheriff.
You haven't got the warrants with
;ou?' Governor Small asked, evidently
having been rehearsed on this techni
cal point by his counsel.
mo, SIR replied Sheriff Mester.
Il don't see how I could do that"
Governor Small returned. Here is
statement which will read to you
which states my position"
The Governor then read the opinion.
submit myself to the courts
would mean 10 make the executive de-
p2rrm NJ of the government subject IN
TIE judicial department. the Governor
read. which would be a direct viola
ton Of the constitution. My first duty
under my oath of Office is to uphold
the constitution. and | have no right
TO permit interference with that dutv.
whatever my personal preference
might be.
Il must therefore, in obedience to
my oath Of Office decline to submit
myself to the jurisdiction of the judicial
branch of the state government during
MY term as Governor"
Sheriff Cites His Oath
Sheriff Mester listened attentivevv
;nd when the Governor had finished
said:
Well, on the other hand. under my
oath OF Office I am supposed to carry
out the orders of the courts"
you are responsible for vour acts
Tot the courts; not at all. not at ALL"
n0veTnor Small responded. You and
;olr oondsmen are responsible for
your acts"
Well will have to serve the war
rants said Sheriff Mester, decisivelv.
That is all to-day" snapped the
Sheriff crisply. with The emphasis on
the to-day and strobe from the
ef''ce He walked back to the court
Rouse and reported the Governors atti
1lde to States Attorney Mortimer
Ater z brief conference the States At
torney announced to newspaper men
s-ere would be no further action taken
today as Sheriff Mester had given the
Governor that assurance, and no at
tempt would be made to violate it. He
minated that he might make a public
statement tomorrow