, 1921-08-03
MOSTLY ABOUT SMITHS.

The name of Smith has no particular Significance
in a nation full of them. 1t is a name worn by many
people. 1t is not the name that cuts the ice, 1t Is
the individual that wears the name. Like Shakes
pearc's rose which would be just as fragrant by any
other name, so would an outstanding Smith be upstand-
ing by any other patronymic. It was his deeds, not
his name, that placed the laurel wreath Of fame upon
the brow of Captain John Smith of early Virginia
colonial history. And John Hancock, who wrote a
large bold Spencerian signature on the wel-known
Declaration of independence SO King George could
read it without spectacles, would have written just as
well and formed his letters just os regularly had his
name been John Smith.
We repeat Il e name hasn't anything to do with it
except as a convenient designation to specify the in
dividual.
All this leads up to the point of introducing a mem
Der of the tribe OF Smith, who has picked cut a nice
prominent place in public esteem and strobe in boldly
and occupied 1t in spite of the handicap of his sur
name. We refer respectfully to Judge E. S. Smith of
the circuit. court of Illinois, in whose court Governor
Len Small was indicted for em~bezzlement- The gov
ernor's attorney pleaded immunity from arrest and
trial because he was the governor, and commended
that the doctrine of the divine right OF kings exempted
him from arrest.
Here is Judge Smiths language on this point and
it marks him as among the foremost o. the Smith
family: .rIs3r - 4
''The king can do no wrong, 10 an ancient doctrine,
but in this republic it has never reached the applica-
ton that an elected official can do no wrong! We
have been extremely fortunate in the character and
conduct of elected officials, but there has never been
an intimation or suspicion that they were not capable
of committing crime before, during and after the term
OF once. ~ Our governors r not hinRS ihey
are not surrounded by a halo by birth that gives them
immunity from the temptations and frailties to which
other humans are subject.
at is said in the constitutional history Ct England
that in ancient days the functions of the king and
priest were the true prerogative of birth, and it is
said the kings power is, therefore, from God, that of
parliament from men gained perhaps by rebellion;
but what right can arise from rebellion?"
Reading lengthy ATTRACTS from opinions of ancient
legal experts defining the scope and application of
the divine right Of kings Judge Smith concluded:
at will thus be seen that the maxim that the king
could do no wrong applies wholly and solely to the
manner in which official acts of the kings are to be
considered and construed when applied. The maxim
has no application in Illinois and no application to the
case at bar. We have in Illinois no such thing as the
divine right of kings The king has no counterpart
in Illinois"
So it don't matter at all that this Illinois judge re
ceives his mail addressed to E. S. Smith, he is gooo
enough and big enough to advance to the supreme
bench of his state.
The governor will be regularly arrested and regu.
larly give bond in Judge Smiths court, and when
the day rolls around he will be regularly and fairly
tried in Judge Smiths court or some other one. The
Smith family can well be proud of their relative He
is a regular American and talks like one. But tht
Smiths must remember that he would have done the
same thing regardless of his name.