The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-07-26


ia when he completed his opin-
ion.
..r 10 Judge Smiths court, after
Earning of the judges acton, with
Festive instructions that no one
ssould make any motions in his be-
hsY This YVES taken as an indi-
elton that the governor planned
i remain firm. in his determina-
,lan TO resist arrest.
No force Will be resorted to,
,ageyer, in protesting against the
4 warrants and Sheri Mester indi-
sstad that his office will not be
sssty in demanding the governors
/ apoearance in court.
Declaring that he was evidently
4upon a fools GRAND" former
Governor FIfer argued for delay
after Judge Smith ordered his
cninions. The judge replied that
II the defendant came into court
with motion the matter would be
carefully considered according TO
tho circumstances of the case" but
that no motion would be made by
he court himself All possibility
n troops 10 protect the governor
from arrest vanished this morn
Ing.
Sheriff Mcster indicated that no
attempt will be made to serve war
rants On the governor. In fact,
fba sheriff may wait some time be-
fore he approaches the governor
10 officially demand the state ex-
ecutive to appear and arrange
bond.
Sheriff to Wait.
THE warrants will be served,
but | am going to have more legal
advice first, Sheriff Mester said.
There is no particular hurry and
/ do not know just how long 1t
will be- l have no desire to pat
the governor in Jail Nobody in
SangamOn county is more willing
than l to treat him fairly and re-
specially.
IF the governor is willing to
arrange bond l can give him a
sheri's bond until the September
term of court opens and that would
end the matter until that time"
Governor Small went into con-
ference with his attorneys at the
state house after Judge Smiths
opinion had been read to him.
Bouquet for Judge.
Spectators began to arrive in the
historic old court room long be-
fore Judge Smith was ready to open
court. The Judge arrived early
himself AMI went to his private
chambers. A large bouquet of
gladiolas occupied a conspicuous
place on the judges Gesk.
By nine o'clock most of the seats
il the court room were filled. A
of women were among the
early arrivals. They took the best
seats Just behind the rail.
1t was eight minutes past nine
when the judge took the bench AMI
asked if there were any motions 80
be presented to the court.
Former Governor Joseph W. Fifer
and George B. Gillespie and James
NJ. Graham of Governor Small's
counsel appeared and took the same
places they occupied last Friday,
when as friends of the court" they
argued immunity for the governor.
Are there any motions?" Judge
Smith asked, and a hush fell over
the court room.
There was no reply.
Il notice somebody has very kind
ly sent the court a nice bouquet"
the Judge observed. 81 hope after
they have heard what the court has
tc say they win be willing to let
Il remain"
This brought a laugh from spec
tators.
Addressing himself to Attorneys
Fifer, Gillespie and Graham, coun-
eel for the governor, Judge Smith
began to read his opinion.
Reads Opinion.
In his opinion Judge Smith said:
Hon. Joseph W. Fifer, Hon. James
v. Graham. Hon. Joseph Gillespie:
On July 81 you three distinguished
appeared in court as
lmici curias and asked leave to ad-
Tise the court as to its duties. You
1onored gentlemen. all longtime
personal friends OF the presiding
Judge, have each held places of
honor and trust in the state. well
liled by each of you. Besides other
positions, one has been governor of
ne state, one a member of con-
gress, and all have been states
attorney in your respective coun-
les, and are able lawyers. well IA
familiar with the laws governing
procedure in criminal matters. A
request from such a source could