Evening star., 1921-07-26
ILLINOIS GOVERNOR
WILL Be ARRESTED
Not Immune, Court Rules,
Scoring Divine Right
of Kings.
BY the Associated Press

BY the Associated Press.
SPRINGFIELD. ILL.,, July 26.-Gov
Small. despite his official position, is
subject to arrest and prosecution for his
acts as state treasurer, Judge E. S.
Smith of the Sangamon county circuit
court ruled this morning. Under the de-
cision. the governor would be permitted
ito voluntarily present himself before
the court"
The next. move in the Small Sterling
Curtis embezzlement probe will come
from Sheriff Mester Of Sangamon county,
the court having ruled that ''it is not
the duty of the court to withhold war
rants for the governor"
Sheriff Mester indicated Immediately
after receipt of the opinion, that he
would Immediately notify the governor
that he held the warrants, but that :'no
attempt will be made to embarSass the
chief executive"
Divine Right Flayed.
The opinion of Judge Smith also ruled
that it was beyond the scope of the
governors power to call state troops
Ito shield him from arrest" He
in Illinois as the divine right OF
kings and that the king has no
counterpart in Illinois, and declared
that the statutes Of limitations
would expire through any prolonged
delay in serving warrants upon the
governor.
Notification of Gov. Small by tele.
phone was the method of procedure
decided upon by Sheriff Mester
Il may go. over for an interview
with the governor later" Sheriff
Mester said.
Courtroom Crowded.
Spectators began to arrive in the
historic old courtroom long before
Judge Smith was ready to open court.
The judge arrived early himself and
went to his private chambers.
BY 8 o'clock all seats in the court
room were filled. A number of wom-
en- were among the early arrivals.
Former Gov. Joseph W. Fifer and
George B. Gillespie of Gov. Small's
counsel 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 when he took the bench,
! and hush fell over the courtroom.
There was no reply.
Judges Opinion.
Addressing himself to attorneys
Fifer. Gillespie and Graham. counsel
for the governor. Judge Smith then
read his opinion. Judge Smith said:
Hon Joseph w. Fifer, Hon. James
NJ Graham. Hon. George B. Gillespie:
"On July 21st you three distin-
guished gentlemen appeared in court
| as amici curias and asked leave to
advise the court as to its duties. A
request from such a source could not
be ignored. and your contentious and
suggestions merit most serious and
careful consideration.
On the Goth day of July. 1921, the
grand jury of Sangamon county re-
turned into this court three indict-
ments against Len Small, charging
him with criminal offenses.
the court. when an indictment is re-
turned. to fix bail, if the offense
charged is bailable. and makes it the
duty of the clerk of the court to i'm
mediately issue process Of capias d.
Appearing as amici curias to
give the court friendly advice as to
it's duties and the course it should
pursue, you advise that the court, on
its own motion, should issue a re-
straining order :enjoining the clerk OF
this court from issuing process OF
capias for the. apprehension of the
defendant until after the expiration
of his term of office. and that the
court should suspend prosecution
during said term.
Ohicinl Can Err.
1.-The king can do no wrong.
I'm support of this advice it is
urged that because of the high Of
fetal position of the accused and the
great disaster that would otherwise
befall the state, and in pursuance OF
mune from arrest and that prose-
--T7T..i.,,o5 -, Do0o . T0IIIT10 . =