The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1921-07-29
HANDLE HIM NICELY
That Is the Purport Of the
Courts Opinion
HANDED DOWN DECISION
Sheriff Intimates That He May
Have Interview With Head
Of State
Associated Press Dispatch.1

ASSOCIATED Press Dispatch.l
Springfield, H., July Ex-Governor
Small. despite mis- official position, is
subject to arrest and prosecution for
his acts as state treasurer, Judge
70. s. Smith Of the Sangamon county
circuit court, ruled this morning I'm
der the decision, the governor would
be permitted TO voluntarily present
himself before the court"
The next move in The Small
Sterling Curtis enDezZlsment inveSti-
cation, will come from Sheriff Mester
OF Sangamon county, the court hav-
ing ruled that lit is not the duty of
the court to withhold warrants for
the governor"
Sheriff Mester indicated imme-
d.ately after receipt of the opinion
that he would Immediately notify the
governor that he held the warrants,
but that no attempt would be made
to embarrass the CHEZ executive. The
opinion of Judge Smith also ruled
that it was beyond the scope of the
governors power TO call state troops
to shield him from arrest"
The Judges Decision.
Springfield, Ill, July 26.-J ud 6 e
Smith in his opinion on the question
: OF the arrest Of Governor Small for
4 embezZlement held today that war:
rants should be served upon the gov
ernor but that the executive should
be permitted to make MS appearance
az his convenience, within a reason
able time.
The Judge in his opinion ruled ::
That there is no such thing in Illinois
: as the divine right of kings and that
the king has no counterpart in IL
linois.
That it is beyond the scope of the
governors power TO call state troops
TO shield him from arrest.
That Governor Small, despite his
position as chief executive of the
state, is subject to arrest and prose
cution for his acts as state treasurer.
That the statutes OF limitations
would expire through any prolonged
oelayln serving warrants upon the
governor.
That it is not the duty of the court
ernor.
That Governor Small should be
permitted to voluntarily present him
self before the court.
Judge Smith replied to the contention
OF counsel for the governor that inn
peachment was the only punishment
possible for MIR. Small, with the opin-
ION that state officials are not exempt
from criminal prosecution, even after
impeached. "The constitution pro
Vides," the opinion recites, that the
party, whether convicted or acquitted
shsll, nevertheless, be liable to pros
ecutlon, trial judgment and punish
ment, according TO law"
Under this Interpretation, Judge
smith said. criminal proceedings
against the indicted officials need NOT
pc delayed because OF lack of consti-
tutlonal authority to proceed with
Judge Smith adjourned court until
the September term which begins
September fifth
Governor Notified BY Phone.
Notincation Of Governor Small by
telephone was the method of proce !,
cure decided upon by Sheriff Mester
may go over Tor an interview
MUD Mi tne governor later" Sheriff
NO attempt will be made to en-
parrass Governor Small. The order OF
1ne court explains how the matte
will be handled"
No Troops Called Out.
governor Len Small's resistance. II
tempts are made to arrest him to.
uay on warrants charging him with
smpezzlement OF state funds. will moi
De physical. Early today no state
troops had been called to shield the
governor from Sheriff Mester and his
deputies. Instead, it was said the
governor is prepared to say that 81
chief executive of the state. he re-.
1uses to submit to arrest.
II Judge Smith orders the cover
nors arrest after court reconvenes
ter will call the governor bv teIe.
phone and inform him of the court's
action. 1t is possible that county auth
sIltles Will go no further than that to
Gay and that Judge Smith will ther
adjourn court for the term.
Next Term Circuit Court.
Inc next term of the Sangamor
county circuit court opens in Septem
ger and some observers of the situa
tlon were predicting that the case
VIII simmer down to a quiet wait un.
til next fall 49,
County authorities gave no indica.
lion that they Will attempt to use
force in taking Governor Small intc
court
Il ne governor refusca 20 follow tn.
lead OF Lieut. Gov. Sterling ana
vernon Curtis by appearing tr court
to arrange bonds, IL TJas pre6tctet
that the case will rect in that condi.
tion until States Attorney Morti.pe,
ans his aides are ready to proceed
with the eubeZElemeat ami conspirac.
cases.
Company G, Fourth Illinois infan.
try. ='hici WAC recently issued new
equipment was ordered to the state
arseual last night Cor drill and tnspec.
ton. Officers Uf the company declar.
&c that the occasion was only the
weekly inspection, but ia cone quar-.
eers the presence OF soldiers IN the
arsenal on the eve OF Judge Smiths
opinion On the proposed arrest o.
Governor Small was regarded a.
significant
Miss Margaret Pearl Mutt, daughter
OF Mr.. and Mrs. 2. L. Mutt of Lake
Crystal, and Mr.. Leland Thomson
were married at the home of the
brides parents on "Wednesday