New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-26
Illinois Fears
Battle TODAY
Over Governor.
His Truce with Court Ended.
Indicted Executive Must
Accept Arrest or Sheriff
Will Be Handed Warrant
Small Renews Defiance
May Declare Martial Law
if Judge Holds Criminal
Code Applies in His Case
Special Dispatch to Tae Tribune

SPRINGFIELD, ILL.,, July 25.-That
here will be serious clash between
the civil and military authorities of
Illinois tomorrow appears more GER
tain tonight than heretofore. The
truce between Governor Small and
Judge Smith will expire tomorrow
when the Governor must submit to
arrest or the warrant will be turned
over to the Sheriff for service.
Sheriff Mester, who has the reputa-
ton of getting what he goes after.
ssys he will serve the warrant if it is
given to him. Governor Small is
equally determined to resist arxest.
I'm back and I'm going to stay Aght
on the job" said Mr.. Small to-day.
There has been no change in my
decision"
One thing has been definitely de-
cded, it is agreed, and that is the re-
fusal of the Governor to submit to
arrest or go voluntarily into court to
answer the Indictment against him
Three plans have been suggested as
outlining the probable course of the
Executive. They are:
First, to refuse Sheriff Mester adj
nittance to the executive Office or the
executive mansion, should he attempt
to serve the warrant.
Two Companies of Troops Ready
Second, to call on Company C, COM
manded by Captain William Butler, or
and issue orders to prevent the ar
rest. These are local companies and
could be modified quickly.
Third, to let the Sheriff come to the
executive Offices and meet him at the
door with a declaration of martial law
In such an event the Sheriff's power
would cease instantly and the state
would take over direction of both the
police and Sherif's office, it is asserted.
1t seems certain tonight that Judge
Smith will rule that the criminal code
is not to be suspended in the case of
the Governor. In this event the writs
will be handed to the Sheriff, who will
attempt to call the Governor on the
is desired in court. If the Governor
goes into court and gives bond there
will be no controversy, but if he de-
cEnes no one can foresee the end of
the problem. Many of the Governors
friends in Chicago and downstate be-
lieve he is providing his enemies with
ammunition by refusing to answer the
Indictment, which involves the sup
posed misuse of public funds. They
argue that this course lays him open
10 suspicion.
Governor Discusses Interests
1t may be that the counsel of these
friends will prevail. Up to tonight
it had been hoped that some middle
road would be discovered whereby
the Governor could answer the indict-
ment. but he appears defiant, saying
it is an attempt of his political foes
and the wealthy traction and other in
terests to discredit him in the eyes
of the people. He says he was elected
to administer the affairs of the state
and that to submit to arrest would be
q neglect of his sworn duty.
He also calls attention to the cases
Of Governors Altgeld and Dunno, both
of whom were threatened with arrest
and both of whom gave notice that
they would use the militia to protect
themselves. In their cases the pro
posed action was Immediately dropped.