Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1921-07-22

| here VIII De nOtnlng
done in the case in which
you all appear to be In
terested, until Tuesday morning"
Mo attempts to arrest Governor
Small can be made before next week
as a result of the judges action in
postpming further action until Tues
day With the exception of Lieut..
Governor Sterling's appearance This
morning the status of cases against
the governor, lieutenant governor and
Mr. Curtis remains unchanged today
Governor Small is the only defendant
who has not given bonds for bis ap-
pearance in court.
The Judges Statement
Addressing the governors counsel
Judge Smith after the four hour argu-
ment before him:
''fhe court appreciates the kindness
of the gentlemen who have come here
as friends of the court and the court
has been delighted ana enlightened by
their arguments and presentation of
questions.
iutI6 10 uotiiilb DClOiF thV NDhiI
to be decided just now. The court Is
simply expressing oome views. The
action pending here and which some
what distresses the court has no re-
lation whatever to any official conduct
of the governor, as governor. The Of
fense is not an offense committed as
governor. The contention made here,
| il it prevails, would mean that the
governor can, during his term OF OF
| fee compit whatever crime he pieases
and would be answefa Bile to gnob9TAy
until he gets out of Office. II would
mean that for four years the COVER
nor could commit any violation Of law.
am not saying the governor would
| do it, but that is the result Of he ar
gument."
| Suppose the governor would be re-
elected he would be exempt for eight
years. Attorney Graham interrupted
the court and said, Don't you see by
his reelection the whole people would
! have passed upon his case|"
"But this is a question for the ju
dietary TO pas supon," Judge Smith re-
piled.
May Call Militia.
Washington, July 22.-Cmtending
| that Governor Small as chief eXecu-
| tive of Illinois, is immune from ar
| rest on charges of embezzlement.
| conspiracy and confidence game to
detraud the state that chaos in state
| government would result from his
arrest and that the governor has the
! power to, ii necessary, call ont state
/ troops to hold off sheriff's deputies
at the point of the bayonet, counsel
| for the governor this morning appear
| ed in Judge Smiths court in an effort
| to persuade the court 10 have war
rants for the governor withdrawn.
Governor Above judiciary.
| The constitutional right Of the gov
! ernor, they claim, are above inter-
| ference by any branch OF the judi
| ciary as long as he is at the head OF
the state government.
| Following advice of his counsel,
| Governor Small issued a statement
! to the people in which he virtually
declared that he would resist any at
! tempt to arrest him. In this coDnec-
ton the presence Of several national
guard officers in uniform in the state
house was considered significant in
some quarters.
Dickson In Uniform.
When he appeared at the state
house in uniform Adjutant General
Dickson said he donned the military
regalia because he expected to visit
state troops now in annual encamp-
ment at various camps.
Attorney Graham in opening the
argument for the governor said ne
was appearing as "a friend OF the
court and a friend of human liberty
and orderly government rather than
as counsel for the governor or any
other defendant
Small Issues Statement.
States Attorney Mortimer was on
hard to personally present the argu-
ments of the prosecution. As the ar
guments begantthe governor from his
office issued the following statement:
p "Supplementing statement issued
today by my attorneys, the Hon. Jos.
WI Fifer. former governor Of Illinois;
the Hon. James NJ. Graham, former
member of congress, and the Hon.
Geo. r. Gillespie, | desire to advise
YOU as follows:
;. when Attorney General Brundage
succeeded in securing from the San
CANON county grand jury his indict-
, ment against me. my first Impulse
/. knowing that | am absolutely inno-
A cent. was to submit myself TO the
Q court and stand trial in the ordinary
course of the administration OF the
q criminal law My counsel. however.
n advised me that such a course would
amount to a practical surrender OF
n the sovereignty OF the state in Viola
ton Oh my oath of office. They de'