The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-07-22
Counsel Hint That Militia
Are Sworn to Obey
Governors Order.

Springfield, Ill, July e.
Lieutenant Governor Sterling
today gave bond for S50,O0O in
Judge E. s. Smiths court.
Bond was secured by the Ma
tiOnal Security company OF
Chicago. No decision in Gov
ernOr SmalPs case was given
by Judge Smith when he re-
ceSsed court until = D. M.
Springfield, Ill, July 22-
Contending that Governor
Small, as chief executive OF H.
HnOiS, Is immune from arrest
on charges of embezZlement,
conspiracy and confidence game
to defraud the state, that chaos
in state government would re-
suit from his arrest, and that
the governor has the power, II
necessary, to call out state
troops to hold OF sheriff's dep
uties at the point of the bayOn-
ct, counsel for the governor
this morning appeared in Judge
L. s. Smiths court in an ef-
fort to persuade the court TO
have warrants for the gov.
eFnOr withdrawn. The cOnSti-
tutiOnal rights of the governor,
they claimed, are abGYe inter-
ference by any branch of the
judiciary as long as he is at the
head of the state government
Following advice of his cOun-
sci Governor Small issued a
statement in which he virtual
Iy declared that he would resist
any attempt to arrest him.
AS the time approached for coun.
sci Of Governor Small to appeal
n Judge Z. S. Smiths court thi:
to argue immunity from
arrest for the governor, expectan
crowds began to gather in the his
-oric old court house TO WatcE
developments.
Judge Smith arrived and took the
bench at 8 o'clock. Former Gov
srnor Joseph w. F'ifer, James NJ.
Graham, former Democratic con-
yressman from the Springfield dis
rict, and George B. Gillespie of
springfield, Of counsel for the gov
,rnor, were waiting.
In response to Attorney Gille-
ipie's question, the judge said the
for Governor Small,
which had been delivered to Sher-
If Mester, had been returned to
he circuit clerk.
Attorney Graham, in opening the
rgument for the governor, said he
vas appearing "as a friend of the
ourt, and a friend of human lib
rty and orderly government" p"
ather than as counsel for the gov
rnOr, or any other defendant.
States Attorney Mortimer was on
and to personally present the ar
uments of the prosecution.
Attitude of Small.
AS the arguments began IN
udge Smiths court, Governor
mall, from his Office, issued the
blowing statement to the people:
'Supplementing a statement is
led today by my attorneys, the
on. Joseph w. Fifer, former gov
rnor of Illinois; the Hon. James
[. Graham, former member of
ongress, and the Hon George r.
-illespie, l desire to advise you as
0llows:
When Attorney General Brun-
age succeeded in securing from
he Sangamon county grand jury
is indictment against me, my first
impulse, knowingsthat l am abso-
ltely innocent, was to submit my
elf to the court and stand trial in
he ordinary course of the admin
stration of the criminal law. My
ounseI, however, advised me that
uch a course would amount To a
PRACTICAL surrender Of the sover-
ignty of the state in violation of
ny oath of Office
They declare, on the other hand,
hat it is my duty, under the con
titution, to decline to waive the
of the executive de-
'artment; that it would be viola
ion of my oath of office so to do,
nd that such a course would nee
ssarily result in embarrassment of
be state government.
'fThey point out, and with unan-
werabIe authority, that the ex-
mption of a governor from arrest
nd trial upon criminal charges
uring his term of office, is not a
ersonal privilege but an exemp-
on in the interest of the public
and to perpetuate the in
ependence of the executive depart
lent.
81 accept these conclusions as
by their very force, t.
ointing out to me the course
1ouId pursue, and I shall there
re not attempt to waive the con-
.itutfonal exemption"
In their opinion on the immunity
IContinued on Page Nine)