The Washington herald., 1921-08-09
Coz. HIAEL TELLS
SEIIKf He WON'T
SRM T0ARRET
Illiseis Executive Still
CAins IamunityWhile
IN Office.

SE#INSEIELD. NJ, Aug 81
FinsSIy deciding TO follow tns'
iniqe advice Of his down-state
soaa u. Cow Len Small "nsppsd-
.gzit today IN his game Of hide and
eekswith the law and announced
hat chief exseutiHs Of the State
ae < Immune from arrest during
MS Hm.sf offiee- II was only last
rueszay night In q speech at Dan
vlle thai tne governor pubiicly
statA he. would gladly submit to
srreH on the indictments charging
aim Fwfth embezzffng 100000 in
stats funds and conspiracy TO de-
,rau6 the state Of 81, ,0e0, ,oee, In any
eoulry tn the State with the excep-
tionrof sauganaoR
Hhreaten. to sas sheriff.
Td1ay. during a conversation with
sherh Henry Mester In which tns
sner& attempted to arrange the
nattar OF the governcr's arrest IN
an anicsbie manner, Governor Small
-eadthim an opinion drafted by his
.ourE Eel, which implies the governor
will Got submit to the courts any
whets m the state as hong as ne -
yoverner. Gov. sman did moe
NITRATE IN his remarks what steps
Ne ikfenas to take to resist arrest
,urther rhan to threaten to sue
sheriff Hsster and his bondsmen n
he sherfr complies with the courts
ordefz
TRe opinion read by the governor
to tse sheriff, aside from repeating
the eontention laid before the court
oy fGov. SmalFs counsel that
the Governor Is bound by his cath
OF aaice to stand on his constitu-
tionA rights and defy arrest
concsntion that was literally torn
to 1feees In the decision handed
iovR by Judge E S Stnith-con-
firms the fact that he has severed
legal connections with his Thomp-
son-Lundin Chicago advisers. In
cluding Attorney Albert Fink. who
advised surrender.
Appears at His once.
After slipping quietly into Spring
ield by motor from Kankakee one
day ahead OF his promised arrival,
iov. Small appeared at his ONCE in
he Statehouse shortly after >
O'cIock this morning and immedi-
stel yannounced a number of i'm
oortant State appointments.
It was not until sometime later
hat Sheriff Mester and States At
-orney c. r. Mortimer learned of
he governors return to Spring
.ield- A conference was held at
.'hich il was decided TO make one
more amicable overture to the
sovefhoC before resorting 20 phys
cal action. Shefff Mesrer walk ed
o the capitol shortly after o'clock.
lie did not take the warrants with
i'm !~&T
shefff{ Nester greeted the gov
rnor cordially and the two shook
ands.--
Il thought I would come and see
you Skout those warrants and see
The ther ypu had made any arrange
ments to- come in and give bonds
md save trouble" said the sheriff.
You haven't got the warrants
With your Gov. Small asked. evil
IDENTIFY having been rehearsed on
this technical point by his counsel
NO. Sir" replied Sheriff Mester.
Il don't see how could do that,
Gov Small returned. Here IL .
statement which I will read to
YOU which states my position"
Iatends to Carry Out ORDERS.
Sheriff Mester listened attentively
and when the governor had finished
said:
Well. on the other hand. under
my oath Of office l am supposed to
carry out the orders of the courts.
You are responsible for your
acts. not the courts, not at all, not
At ALL" Gov. Small responded. You
and your bondsmen are responsible
FOR your acts"
We'll. I will have to serve the
warrants,' said Mester, decisiyely.
Wen, that Is all today" snapped
he sheriff crispIr. with the en-
ohasis on the to-day" and strobe
from the ONCE. He walked back to
he courthouse and reported the
governors attitude to States Attor-
lcy Mortimer. After a brief con-
terence the States attorney an
bounced there would be no further
action today as Sheriff Mester had
given the governor that assurance