Evening star., 1926-02-09
GOV. SMALL MUST
RETURN $1,1OO,0|)D
Court Reiterates Ruling That
Illinois Executive Withheld
State Funds.
By the Associated Press.

SPRINGFIELD. ILL.,, February o.
Supreme Court of Illinois today denied
a rehearing, and directed Gov. Len
Small TO account for $1,100000 In
terest money alleged to have been
withheld by him while he was State
treasurer in 1917 and 1918. 1t was a
divided decision. two justices repeating
their original dissension.
The court held in its previous de-
cision that Gov. Small. the late Sen
ator Z. c. Curtis and V. c. Curtis
withdrew more than $50, 100000 from
the State treasury for investments
and reinvestments in packers notes,
and that none of the resulting inter
est money was paid into the treasury.
Todays court action eXhauSts the
Governors last alternative. He must
account 1t ends another phase of
his troublous career as Illinois chief
executive. In 1921 and 1922 he was
indicted, tried and acquitted of
criminal charge of conspiracy based
on the same evidence used in the suit
for an accounting.
Removal Talk Heard.
Gov. Small's continued incumbency
as chief executive and his right to an
appeal to the United States Supreme
Court were questions brought to the
fore by the decision. Anti administra-
tion leaders have contended that he Is
Ineligible for office under the State
constitution.
A question left for the master In
chancery to determine is the exact
amount collected by the Governor
from the banks and the packers and
the sum paid into the treasury. The
court holds him liable for the differ
ence. Attorneys have stated that 1t
would be possible for the amount to
be reported to the Circuit Court with,
in 60 days and a final decree entered
by May /.
Fund Drive Started.
Gov. Small and his advisers. who
evidently expected an adverse decis-
ion. already had started to raise "A
fund by popular subscription to re-
lieye the governor of a personal ac-
counting, the necessity for which he
laid to political persecution
Thousands of letters have been sent
automobile owners asking contrlbu-
tions. pointing to Gov. Smalis hard
road program. Sixty million dollars
have been spent and $100,000,OO0 ad-
ditional appropriated for hard roaos
since he became governor.
On December 16, when the Supreme
Court handed down it's 5-to-2
opinion upholding the Sangamon
County Circuit Court, Gov Small ad-
dressed 1.-The people Of Illinois, say
ing that "a great mistake HAS been
made" Shortly afterward he asked
a rehearing.
In his petition he stated that "a
man is presumed innocent until
nroyen guilty" and declared that this
presumption was denied him, that he
had been ordered to account without
a fair trial in the civil suit after he
had been found mot guilty" in a
criminal trial based on the same
charges.
Deals Held Concealed.
In the majority opinion the court
held that the Grant Park Bank at
Grant Park, Ill, was a mere name
used by Gov. Small and the Curtises
TO conceal loans made from the State
treasury to several Chicago packing
companies; that the private dealings
we're concealed by noting the amounts
used as safe accounts and that
there was nothing in the treasury
to show that the money was loaned
to any one
The total amount collected from
the packers as discount or interest
on the loans was about 81 100 900, the
opinion said, and the total collected
from banks with definite interest con-
tracts, and from State Auditor
Andrew Russel's bank of Jacksonville.
which had a $3,OO0,OOO deposit on an
interest contract and which the court
held Gov. Small did not explain, was
about $450,O00.
Substantially the latter amount has
been paid over by Small, but leaving
none of the million dollars collected
from the packes accounted for, the