The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-07-26
FORCE TO BE



it has never reached the application
that an elected official can do no
wrong. We have been extremely for
tunate in the Character and conduct
of elected officials, but there has
never been an intimation or suspicion
that they were not capable OF commit
ting crime before. during and after
the term of office.
"Our governors are not born king,
they are not surrounded by a halo by
birth that gives them immunity from
the temptations and fratlties to which
other humans are subject
'1t is said in the constitutional his
tory of England that in ancient days
this functions of the king and priest
were the true prerogatives of birth.
and It Is said the kings power is,
therefore, from God, that of par1ia-
rebellion; but what right can arise
from rebellion" >Judge Smith then
quoted at length FROM -'Broom,s Legal
Maxirns," common law treatise,
as to the extent of the divine rights
OF kings, then continued: ss -
cit will thus be seen that the maxim
that the king can do no wrong ap-
plies wholly and solely to the manner
in which official acts of the king are
to be considered and construed when
applied. The maxim has no ap-
p1ication in Illinois and no application
to the case at bar.
Impeachment the Only Punishment. -
at Is argued that the constitution
provides for the impeachment of the
governor and that because it so pro-
vides there can be no other punish
ment: that specifying this procedure
precludes all others.
1.-THE constitution has exempted
senators and representatives from ar
rest during session. 1t exempts
- - So -
certain times except for certain Of
lenses named. No similar provision
is made for the governor. Apply the
rule. The converse is a governor shall
not be exempt.
THE constitution provides for i'm
parchment: but that is for misfeas-
ance or malfeasance in office and for
removal from office. The constitu-
ton further provides, The party
whether convicted or acquitted shall,
nevertheless, be liable to prosecution,
trial, judgment and punishment &C.
cording to law
Where does the constitution or the
lawt express anything to indicate an
exemption from prosecution for crime
ON the contrary the above quotation
is a direct declaration that he may be
prosecuted whether in or out of Of
flee. The impeachment snail be no
bar. The vice of the contention is in
that 10
punishment for crime. It is not a
criminal proceedings, but only proc
cedure to remove from office for mis-
conduct, while in office. e.
Impeachment is only to remove
from office and has no relation to an
offense committed entirely outside
the office, and is not to cause or pre-
vent prosecution.
1.-The section concludes as follows:
The party, whether convicted or
acquitted, shall nevertheless be liable
to prosecution trial, judgment and
punishment, according to law
I'm the constitutional convention,
when this section was under consid-
Grafton, Mr.. Rice, of the convention,
moved to insert at the end Of the sec
tion the words:
After his term of office shall have
expired 1t was debated and rejected
This only means that the section does
not mean there shall be no prosecu-
ton of an official until after their
term expires. This section has been
argued as Ii it applies only to the
governor. It applies to all state of
ficials, including circuit judges
Springfield. ILL.,, July 26.-At an
early hour this afternoon, no move
had been taken by county authorities
to carry out the order of Judge E. s.
Smith to place Governor Len Small
under arrest The warrant remained
in the hands of Circuit Clerk Charles
L. Koehn