Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-07-22
GOVERNOR HAS
BACK TO WALL;
PUTS UP FIGHT
Troops Patrol Capitol and
Mansion Grounds as Hear
ing Proceeds.
ISSUES NEW STATEMENT
Declares He Will Not Submit
and Attorneys Point to
Riot Danger.

SPRINGFIELD, H.. July "a
Warrants, issued by the Sangamon
County Circuit Court for the arrest
of Governor Small, remained I'M
served this afternoon, when Judge
Smith recessed the court until ,
o'clock, after listening to the argu-
ments of three lawyers, who entered
las friends Of the court" to offer
advice.
The Judge, in remarks following
the oral presentation of an opinion
advising the Governor not to submit
to arrest, thanked the lawyers for
their advice and said he would take
their arguments under advisement.
The case against the Governor, how
ever. remains status quo, the judge still
retaining the warrants on the bench.
When asked as TO what effect the pro-
ceedings had on the statue Of the case,
Judge Smith merely said:
Nothing has transpired here this
morning to change the status OF the
case"
His remarks were generally taken as an
indication that the warrants viii be held
In court to allow counsel for the Gov
ernor to appear and file bond for his
appearance.
He intimated that a reasonable time
would be allowed the Governor, in case
the warrants are not withdrawn, to sub
nit to the courts original decision.
SPRINGFIELD, IL. July 22.-"The
king can do no wrong" was the basis
Of he plea made by attorneys for Len
Small. Governor Of Illinois. in SangamOn
County Circuit Court today. Their argu-
ment was made in an effort TO convince
the court that the chief executive did not
have to submit to arrest and trial on in
dictments charging him with stealing
millions OF dollars Of State money while
serving as State treasurer
The Governors attorneys IN their argu-
msnt to the court, cited q hypothetical
case wherein they outlined the situation
which would result II a Governor was
accused IF a crime, the sherids forces
attempted to arrest him, the Governor
as commander in chief Of the military
forces. called on the troops to resist and
an asmed clash followed.
Anarchy will follow" the attorneys
told the court. The house Of govern
ment is divided against itself"
UNABLE TO GET
a FAIR TRIAL.
Legal advisers Of the executive informed
tie court that the constitution forbids
that be submit to arrest. To do so they
pointed out, would be a surrender Of the
sovereignty OF the executive branch o.
tie Government.
The attorneys declared II would be
ridiculous to try the Governor for
crime, and convict him, when he would
have power to pardon himself.
According to the Governors friends. he
is willing TO have a fair and impartial
trial. but they declare he could not get
1t in Sangamon county. The county OIL
Gals are bitter political enemies Of the
Governor.
Just as his attorneys appeared be
fore Judge Smith to demand that the
court declare the executive immune from
arf9st, Governor Small issued a statement
to the citizens Of Illinois. With the
Governor at all times, is Adjt. Gen.
Frank s Dickson, active commander Of
State troops.
The Governors statement, after nam
ing his attorneys, who included former
Governor Joseph W. Fifer, declared:
MY counsel advises me that to sui
NIT myself to the court and stand trial
in the ordinary course Of the admins
tration OF criminal law would amount TO
a practical surrender OF the sovereignty
Of the State in violation Of my oath Of
office
They declare that It is my duty IN
der the constitution 10 decline to waive
the independence CT the executive depart
ment that il would be a violation Of my
oath Of office and would necessarily re-
suit in embarrassment to the State gov
eminent.
They point out, with unanswerable
authority. that the exemption Of Gov
ernor from arrest and trial upon criminal
charges during his term Of Office Is not
personal privilege but an exemption in
the interest Of the public welfare and to
perpetuate the independence Of the exc
cutive department.
Il accept these conclusions as ire
voeablv by their very force, pointing out
10 me the course should pursue. and |
shall therefore not attempt to waive the
constitutional exemption"
The statement was signed by the Gov
ernOr.
= Soldiers are already guarding and pro-
tecting the Governor. Small detach-
ments OF troops were seen. UnOstenta-
tiously around the capitol grounds and
through the state house and about the
Governors mansion.