Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1925-12-25

Governor Len Small As,- been adj
judged accountable in collision with
Verne S. Curtis and the heir- OF Ed
ward c. Curtis for interest supposed
10 have been paid to tn by holders
G money belongin, to the state IF
'inois during the am rlstratiou OF
Small as treasurer of the state. The
decision was handed down through a
majority report by the highest tri-
bunal in the state.
What the decision amounts to j.
this: Governor Small will be expect
ed to account for money interest
which he claims does not exist, never
did exist and for which he says there
are no records whatever. This is the
conclusion which will be reached by
the average citizen of Illinois VINO
reads carefully the report oil the Su-
p'eme Court findings.
SmalPs accusels have been unable
>
liability. They estimate that he, in
collision with the Curtis brothers, has
made way with over $l,000,000 Of
state funds, but they have no records
to prove he or they made way with a
single cent, at least the records are
not shown in the resume of the case.
The complainant charges that no
records are available. Governor
Small says there are no records. Tae
complainant says the governor de
stroyed them, and it is proposed to
make him come across with records
of some sort showing just how much
interst the Curtis brothers received on
state funds, which as private bankers
they loaned to various parties.
According to the dissenting opinion
which was flied by Supreme Judges
Warren w. Duncan and Oscar r.
Heard, the question as to the validity
of law requiring that state treas
urer shall lend money under certain
specified conditions, has been decided
in the negative. Under this law APP
parently the governor is held account
able. Yet the law, according to the
dissenting opinion, has been held in
valid, and the case in which it has
been held invalid has not as yet come
before the Supreme Court for final
decision.
In effect the law, which was passed
in 1908, is said to be a special grant
of favor to city banks, prohibiting a
a state treasurer from depositing state
funds in a private bank, a village
bank, in banks in Incorporated towns
or in incorporated territory.
So apparent was the favoritism
shown city banks that, according to
the dissenting opinion, the law was
declared unconstitutional in lower
court, and the Supreme Court must
first pass upon the action of the lower
court with respect to the validity OF
the law before Governor Small or an!
other state treasurer can be held ac.
countable under this law.
On the whole the people of Illinois
are not particularly concerned about
the validity or invalidity OF this law
They are really anxious to know
whether the governor is guilty of COM
pllcity through which ne has profited
by the appropriation of state funds g
his own use, or whether he is a victim
Of his political enemies, and an inno-
cent man. A lower court has declared
him innocent. The Supreme Court has
not declared him guilty, but only af-
firms that he should be held accounta-
BILE for report on money that his
accusers declare was paid as interest
on state funds.
Governor Small has accounted fol
approximately $45OOOO interest or
state funds during his incumbency as
state treasurer from 1917 to 1919
Just how his accusers can force him
to uncover records which he contends
do not exist is a question which the
average layman cannot answer. That
which is non-existant cannot be pro.
duced. Yet apparently the governor.
accusers propose to compel him either
to produce a clear record and thereby
prove himself innocent of charges
which apparently grow out of pur'
gossip, or fork over an approximate
million dollars. If he does neither it i
presumed that they propose to senC
him to a federal penitentiary.
The Supreme Court has had befor,
it all the evidence taken in the lower
court in which Governor Small wa
tried. On the basis of that evidenc,
the governor has been held accounta
bic. The next move of Smal's politi
cal enemies will be to force him Il
produce records covering interesr
money which they declare was paid L
him and the Curtis brothers and never
turned over to the state. Governor
Small has not been declared guilty