The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1921-07-26

They were to be given TO Sheriff
Harry Mester for immediate service.
SHERIFF MUST SERVE IT
The court offered to grant the gov
ernor a reasonable period in which
TO submit TO arrest but warned the
governors attorneys that the sheriff
would be compelled by Jaw" 10 serve
the warrants. He also decried the re-
port that the governor might call out
troops. The judge declared he did
not believe that national guardsmen
If called out by the governor, would
obey orders 70 obstruct the law BY pro-
tecting the chief executive from ar
rest
Just as court was adjourned. the
judge received large bouquet Of
roses
Some one has sent the court bou-
quet." he said. 7 hope that after
they have heard what the court has
to say, they will want the bouquet 20
remain.
CANNOT IGNORE REQUEST.
He began by repeating the advice
given him at Fridays session Of al
torneys headed by former Gov. Joseph
Fifer
"A request from such g source can
ately read abstracts Of the law pro-
viding for the issuance and service Of
capias warrants following indictments.
You advise the court on his own
motion to issue a restraining order
against service OF the capias until the
termination of the term OF the cover
nor and to suspend prosecution. You
contend that the governor is immune
from arrest.
You repeat that ancient maximum.
the king can do no wrong.
OFFICIALS CAN DO WRONG.
But in this republic. that ancient
maxim has not reached the state that
an elected official can do no wrong
Our governors are not born kings. In
the state OF Illinois. we have no such
thing as the divine right Of kings
The governor may be prosecuted in or
out of office The impeachment il nc
bar Impeachment is not a criminal
procedure. 1t is simply a process o.
removal from office the court de-
clared.
Judge Smith bitterly denounced the
report that Gov. Small would call ont
troops.
COURT Is UNIMPREssED
1T is suggested that the governor
as commander of the states military
forces, would call out troops TO pre-
vent service OF the capiases issued BY
this court. This does not impress the
court. This court believes the COVER
nor will obey the law and the consti-
tuition specifically provides that the
state troops shall be called out only
to suppress insurrection and uphold
the law. The governor surely would
not call out the troops to oppose the
law. In fact. the constitution pro-
vides that the troops are to De used
to assist civil authorities in carryira
out the Law. 1t cannot be believed
that the governor would call out
troops to obstruct the constitution 81
that the troops so-caled out woul
carry out such orders" said the court
COURT WARNS SHERIFF..
After describing the process -
capias service, the court issued >
warning to Sheriff Henry s1ester
IF the sheriff wilfully Or corrupted
ly delays service OF a capias, he is sua-
| 1ect TO prosecution by this court"
Judge Smith declared
The court then pointed out that a
/ grant Of Immunity TO arrest at this
time would in effect be an order pre-
venting the prosecution ST tho COVER
nor for all time
TELLS CLERK HIS DUTY
The statute OF limitation runs three
/ years aud the governors term has
three and half years to run" the
court added This court is advised
to withhold the issuance 81 capios
To do SO would be 10 openly ignore
the plain mandate II the statutes At
re end Of the governors term. the
statute of limitations would expire
and the governor could not he prose-
cuted
IN closing his opinion. Judge Smith
said. 1t is the duty of the clerk of
this court 10 Issue the process OF
cap;as