Hammond Times, Volume 15, Number 30, Hammond, Lake County, 26 July 1921 — Page 1

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SMALL THE WEATHER Fair tonight, becoming unsettled Wednesday with probably thunder nhowers La north portion i continued w arm. Delivered by Careers in Etmmoiv uil W. KAsuaoad SOe p monta os treats and awi stands 3c per copy. nni

LEN

ORDERED

ARRESTED

COUNTY

if 171

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JLXV

- DAN UN HIS

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HAMMOND, INDIANA VOL. XV. NO. 30. TUESDAY, JULY 26, 1921.

WAR iPliV

ERROR IN I). S. LIST DISCOVERED

Many Draft Evaders Found In District No. One, Lake County. SPECIAL TO THE TIMES! WHITING, Ind.. July 26. Whitings list of draft evaders was made public by the War Department today. There ar thirty-three names which Include several from the Robertsdale section of Hammond. After a hasty chock of the names by the Red Cross and American Legion It seem certain that at least one mistake was mad. Andrew Ritchko. 414 Steiber St.. Is Included. Ritchko served OTeresas. wounded In action and when he returned home he brought an English bride with him. Steps will be taken at once to clear his una. As none of the members of the draft board are In Whiting, the American Leg-Ion will probably take it up with the Wax Department direct. Other names are believed for the most part to bo those of floaters who were numerous In the region during the war. The list of evaders or deserters sent in by the local board for Division No. 1 follows: Christ Balsamis, P. O. Box 642. Whiting. Ind. Van Becken. B. & O. Camp. 117th & Sheridan. Whiting. Ind. Dan Caper. 512 John. Whiting. John Givaslk, 871 Schrage. Whiting. Tom Hasovlch. 807 Schrage. Whiting. Joseph Hedler. 6818 Rhodes. Chicago, 111. Clayton Hoffman. 433 119th, Whiting. Chester S. Hughes. Pnn Car Shop, Mr. Stand. Whiting. Mike Jacobs, 620 Fred, Whiting. Tony Lagres. 302 119th. Whiting. Ignats Lucas, 1201 Reece. Hammond. David Lyons, South Whiting. Chas. A. aicCormicK. ot nam. Whiting. Daniel McVey. 785 Ind. Blvd.. Waiting. Dinnle Mason. 818 John. Whiting. John Mlhalto, 519 Short, Whiting. Charles Mojer, 601 Ind. Blvd.. Whiting. John Montgomery. 423 Fred, Whiting. Albert Lee Murry, Mecca Plat. Apr. 407, Cor. 34 & 6 State, Chicago. 111. Ceroen Papes. 766 Lincoln, Ham.mond. Alien Pass, Jr.. B. & O. C. Camp Car. Whiting. Joseph Pastusak, 1172 Reece, Hammond . Giodine Pladlna. B & O. Camp Car, Whiting. Karol Racjlnskl. 112th. Whiting. James H. Reynolds, 530 N. T.. Whiting. John Rista. 642 Fred. Whiting. Andrew Ritchko. 414 Steiber. Whiting. Joe Sagen. 408 Center, Whiting. Wm. Scherley, B. & O. Camp Car, Whiting". Joe Searfine, 915 Schrage, Whiting. Nick Simons, P. O. Box 642. Whiting. Wm. N. Simpson, 767 Ind. Blvd., Whiting. Wm. Talb, B. & O. Camp Car, Whiting. COMMISSION PASSES FAVORABLY ON PETITON Hamond can now go ahead with its -rork of making the proposed improve ments and additions to the water works system. The Public Service Commission at Indianapolis today passed favorably upon the city's petition for permission to issue $800,000 worth of 6 per cent, bonds. According to the order as entered by the commission the city can use 1580.000 of the money realized from the bond sale for the water works im provements. Of the remainder $100.000 will be used in retiring outstanding debts which have been accumulat ing during the last two administra tions and $120,000 is to be held in the city treasury for emergencies. AKERS CHARGED WITH MANSLAUGHTER rprriA! TO THE TIMES! CROWN POINT. Ind.. July 26 An af fidavit rhareriner manslaughter was filed against George Akers of Gary who was driving the automobile that killed Carrie Peas of Hobart on July 31st when the car crashed into car occupied by W. S. Gallagher, at 21st and Broadway. Akers Is now confined In the county Jail. The affidavit was filed direct in the Criminal courts SANITY INQUEST OVER LOWELL MAN r:PFrl4t TO THE TIMES1 CROWN POINT, Ind., July 26. Bartlett Mitch of Lowell, was brought to Crown Point on Sunday and lodged In the county Jail pending an inquest , as to his sanity. Mitch has been making things pretty lively around his home lately and affidavits were Hied against

him In the Criminal court.

WHAT DO YOU THINK?

flNTERNATIONAL NEWS SERVICE NEW YORK. July 26. "Twenty quarts of whiskey no value." Think of it! This was the way appraisers of the estate of Constant M. Bird, former president of the Manhattan Savings Institution, put down the item in the list of property. "No value." Oh! Lady, lady just think of it! The appraisers said there was no market for it and thus it's intrinsic worth could not be appraised. No market! Think of it! ! DRY SCOUTS T LOAD OF BEER A whole truck load of perfectly good beer not the etherized kind fell into the hands of federal agents at Burnham yesterday! without a struggle. Chief Gus Simons and Agent Ed. Ber wanger of the federal prohibition forces of Hammond and E. P. Brennan. assistant district attorney of Indianapolis happened to be driving through Burnham and noticed two men unloading the truck at 12 Howard ave. The house was vacant. The federal men made an examination and decided the stuff was the old high per cent variety. They took the men. William Johnson and Tony Juflra of Chicago, into custody and brought them with the truck to Hammond, where they could be held until federal agents from Chicago could come and take charge of them. The men insisted they knew nothing about the beer. They said that their boss had sent them out to unload It after the regular driver had broken his arm. Nothing oould be learned regarding the house at 12 Howard ave. Xo bus lived In it for some time and nobody could be found who knew who the owner was. BOX CAR THIEVES ARE Officers Beasley and Lovesey of the Hammond oolice force cleaned up a series of box car robberies, which have been committed for the past few month with the arrest of six young men last nieht anrl vesterdav afternoon. The men were picked up at the B. and O. yards near Lake P'ront park, when Reaitlev. becoming suspicious of one of the men, questioned him and Invol ved him in a tangle of convicting statements. The gang is made up of Ed. Carlson, Cleveland, O.; Rigo Bugrani. 8934 Ex change ave.. South Chicago; Helmer Stone 36 34 Ew'.ng avenue. South Chi cago; Ed. Walsh 10351 Avenue O. South Chicago: Steven Drost, 10230 Avenue L. South Chicago and George Reese, Pittsburgh, Pa. Carlson was the man who paved the way for the apprehension of his pals. Saturday afternoon he engaged in a conversation with Beasloy and told a hard luck story about having no wfcrk and being forced to beg at times. Testerday Beaslcy saw him again, but this time the man seemed to have plenty of money. He vras buying the drinks at a concession mar the park for a crowd of boys. He was wearing a brand new pair of shoes, and Iteasley asked him where he had gotten them. Carlson claimed to have purchased them in South Chicago. He told the officer, when asked where he had obtained his cash, that he had saved it from the ..winter before when he had had work. At the station, while officers were attempting to get a statement from Carlson, Beasley came in with other members of the. gang, and by seven thirty in the evening he had, with the assistance of Lovesey, arrested all six. Shoes and fourteen macklnaws admittedly 6tolen, were found. The young fellows confessed to a series of car robberies, and told of a cache of loot in a South Chicago barn. Hammond police went there this morning in an attempt to bring more of the stolen goods to light. DEATH OF MRS. BERWANGER Mrs. Mary Berwanger, "Aunt Mary," to hundreds cf loving friends in West Hammond, passd away at her home at 538 Ingram avenue, last evening after a long illness. Death is attributed to dropsy. Mrs. Berwanger was 48 years of age. A life of kind deeds and the sorrow of her many friends speaks more eloquently of a 'beautiful life than any eulogy could do. She was a member of St. Joseph's church, being very active in religious affairs, a member of the Order of Foresters and of the Rosary Society. She is survived by her husband, Mr Fred Berwanger, senior, and five children. Fred. Jr., Charles, Elizabeth, Will. Andrew. The funeral will be conducted from St. Joseph's church at 8:30 Thursday morning and burial will take place at St. Joseph's" cemetery under the direction of undertaker Ememrling.

FIND

RUCK

ARRESTED

I THE West Hammond bank has declared a fifty per cent cash dividend. U. S. COM. CHARLES SURPRISE mades a business trip to Indianapolis today . W. R . SNOW Is to speak at the Central school grounds Thursday evening on industrial relations. BERT SHEARON copped the prize at the Kiwanis club this noon for the second consecutive time. REV. C. J. SHARP dedicated the new Christian church at Schneider on Sunday, clearing oft the Indebtedness. KENNETH STEWART in his spare moments is learning the barbers trade, and had his first customer last night. ROT SAKER Is demonstrating W. B: Conkey's Justifying machine at the Graphic Arts Exposition at the Coliseum in Chicago this week. REX HIDY'S sox are the talk or Hohmw street. They would go great with Roscoe Hemstock's new dry-wea ther gray trousers. HERBERT MEVILLE, John Swan--son and H. E. Granger are driving to Houghton Lake. Mich., where they will fish for muskies and big mouth bass. MAURICE EIN failed to make connections on his contract to turn 500 stills into Junk at the federal building. He counted on doing the stunt this afternoon. CAN anybody explain why Motorman 135 on the Green Line passed the woman and two children at the Conkey switch without stopping Sunday evening at 7 o'clock? NOW that the condemnation notice has been removed from the Hohman building, labor dodgers can no longer stand across the street and wager as to what It says. THE Oakley avenue paving Job has been completed several days and the street will be thrown open to traffic as soon as the concrete has had an opportunity to season. EDDIE ZIVOLSKI assistant chief of the West Hammond fire department and turnkey a the Jatl started on his annual vacation Monday. He will be off duty two weeks. ATTT. W. J. McALEER drops a line from Mackinac Island. Mich., where he touched on his Vacation tour. "Weather delightful; no golf but an abundance of rest," he says. PROMOTER JACK LEECH announces that he will bow to the demand ot the multitude and stage one automobile race meet at the Porter Speedway this season. It will be on August 7. DOC IDDINGS Is one of the few Hammond golfers who came home with a 3-0 victory over his opponent at Chicago Heights and natur!ly exhibits some pride over the fact. MATT LL'DWIG announced officially today that prosperity will return Sept. 1 and that no is the time to buy life insurance. "I have a few policies left at the bargain prices," he declared. MACE SANDERS has absolutely and unequivocally sworn off bathing any more thin summer. While he was taking a plunge at the Lake Front park some son of a gun stole his underwear. ON account of the quiet kind oi business now prevalent in all parts of the country, a great many people are spending week-ends at summer reports, but darn few are spending anything else. PR LUXE THEATER Is being remodeled. Workmen tore out the old seats and ripped up the floor yesterday and today. It will be repainted. Art Kite is having the gold braid on his cap revamped. THE new station of the Hammond public library in the basement of the Christian church at Calumet ave. and Summer st. was opened yesterday. The entrance to the library station is on tne Summer street side. ONE gent who lives south of Conkey avenue reports that h- has his wife save the cold tea for him to use in shaving, owing to the 'ater shortage. Kenwoodites and Hyde Parkites are battling in laundry tubs again. "HUT do you all come In here asking for cigars?" demanded Judge Charley Frledrlch today. "I'm " not handing out anything on the strength of Edwins marriage. If he sent you here I think he's got his nerve." SPRINKLING on the lawn of the Conkey plant was Interrupted long enough to permit of a hasty meeting of the Water Bolshevists. The organizers Introduced a number of new members from Glendale Tark. The charter closes soon. ED. BOHLING, who will handle the Dodge exclusively from now on, is optimistic about the auto business. He says that plenty of people want machines, but darn few of them have the price. All they need Is a strong enough desire, and tfiey will get the cash some way. HERMAN KELLNER got a letter from Germany recently stating that the government had rassed a law pro TiTbiting the manufacture of beer having a content less than 13 per cent. Whereupon Mr. Kellner sold his meat market on State street and book d rassage for himself and family on the Or!na sailing from New York on Julv 30 to Hamburg. Mr. Kellner will remain in Germany until October. . store.

Did You Hear That

GRIFFITH BOY DROWNS AT PINE BEACH South Chicago Man Is Also A Victim Of Drowning There

Lake Michigan, between the Pine Station beach and Miller beach east and west of Gary, claimed two more lives by drowning early last night. The dead are: RICHARD SWINSON. 18 years old,. Hammond High school senior and son of Mr. and Mrs. Hugh Swinson of Griffith, Ind. J. D. WITT. 33 years old. 9134 Brangdon Avenue, South Chicago, single, employed by the Great Lakes Dredge and Dock Co. Toung Swinson was in swimming at the Pine Station beach, east of Gary, with his mother and brothfr. From a platform one hundred feet from shore he dove Into the water and It is believed that he struck bottom with considerable force, rendering him unconscious, as he did not appear at the surface again until his body was found . Three to five minutes later a number of boys, 8 year old Walter Luck -of Clark Station. 10 year old Robert Hubbard. 4124 Grapevine avenue, Indiana Harbor, and L. Ellis. 6326 Ashland avenue. Chicago, located the body. Undertaker Floyd Williams who was called to the scene with the pulmotor worked over the lad for nearly two hours and although he was able to secure natural breathing was unable to get any heart action. At 9:30 he announced to the grief-stricken mother that It would be useless to work on him any longer. It is believed that his death was caused from an Internal hemohrage anJ not from drowning. The body was brought to the William's morgue In Gary and will be taken to the home at Griffith today. Richard was the eldest son of Mr. and Mrs. Hume Swinson of Griffith. Ind. In company with his mother and brothers. Mrs. H. V. Jones and Miss Sanders of Olney, 111., a house guest of the Swinson's, they had driven over to the beach only a half hour before the accident occurred. Richard was born at West Salem, 111., 18 years ago. He was In his stnior year at the Hammond high school and has been a resident of Griffith for 3 years. The remains will be taken back to their former home at Parkersburg, 111., for burial several brothers and sisters having preceded him in death. Short services will be held at the home vvednesday afternoon about 4 o'clock and the cortege leaving shortly for Harvey, 111., where It will take the train. The body will be brought home this evening from the Wi.liams undertak ing parlors. Besides his father and ninth", r. three brothers are left to mourn him. Witt was drowned about the same hour following a happy motor boat excursion party which left South Chicago early in the afternoon. The party included. George Hoefer. 9126 Brangdon ave.; Peter Ift. 9134 Brang don ave.; a Mrs. Bell. 9126 Brangdon avenue; Miss Edna Warner, 81 Com mercial avenue and Witt. Reaching the Gary harbor they de ciaed jo take a swim, according to Hoefer and left and took the women to shore and left them about 1,00 yards from the harbor. Witt with his two male companions took the motor boat and started out into the lake. hen about 400 feet from shore. Witt, who was an expert swimmer dove from the boat but according to Hoefer and Left had no sooner hit the water when he started to cry for. help Witt was some distance awijy and at that moment the motor in the boat stalled and before they got it started again Witt had gone down for the third time. Hoefer also a good swimmer, stated that he Jumped out of the boat and swam to where Witt had gone down, but after a dozen or more at tempts to locate him was unable to find any trace of the body. It was not recovered until a late hour last night. The body was removed to Wil liam's morgue. ' , News of the drowning reached the thousands of bathers at Millor beach several miles away about eight o'clock and hundreds at the new beach flocked to the old beach a half m:le away, hearing that a man had been drowned there. Witt is survived by a father and mother and two brothers In South Chicago. FRANK MARSH ASKS DAMAGES Frank Marsh is asking damages from Gerbrand R. Kooy of Munpter for injuries which he suffered when he was hit by Kooy's automobile on May 5th. Marsh yays he was alighting from a P.ed Auto bus at the intersection of Hohman street and Ridge Road in Munster when Kooy aproached in his machine. Kooy swung his car to one side and struck Marsh, thrwing him down and raggding him some distance. Marsh says he will never be able to follow his regular occupation again. His attorney is Joe W. Todd. NOTICE All those who are willing to furnish autos for the republican editors trip through the region on Thursday and will drive the same are kindly requested to notify Tom Roberts, telephone 659-R. Indiana Harbar, as soon as possible.

TAX REVISION HEARINGS HOST PROTEST STORMS

BY A. O. HATWARD STAFF CORRESPONDENT 1. N. SERVICEl WASHINGTON, July 26. The house ways and means committee opened hearings on tax revisions today amidst a storm of protest. From the number of witnesses who asked that they might be given a hearing it appeared that there will be a vigorous protest offered against every tax now in existence and every tax which Is suggested. Particular opposition was voiced today, against the small war taxes, especially the stamp taxes. Representatives of the bottling and confectionary interests were heard in appeals for removal of taxes on fruit Juices, and mild beverages, and on DOLLAR BILL FIGURES IN DEATH STORY INTERNATIONAL NEWS SERVICE! WASHINGTON, July 22. "This eagle will scream no more for me, wrote Charles Ammon of New York on a dollar bill which he mailed to the Bureau of War Risk Insurance and then shot himself. Ammon left a note saying the dollar was the first he had earned since being discharged from the army last September. Coming Lake Co. Outing to Be an Important rouucal Gathering. The coming visit of the Indiana Republican Editorial Ansociatlon to Lake county on Thursday and Friday. July 28th and 29th promises to be on of the most notable gatherings of newspapermen and political leaders ever held in the state. Plans for the outing are practically complete, and only a few details remain to be worked UA letter from Secretary Schortemeier of the outing committee this week says that an unusual interest is being manifested In the event and Urge number of reservations have already been made. Both Governors McCray of Indiana, and Len Small of Illinois will be in attendance and Senators Now and Watson have made reservations, Postmaster-General VW11 Hayes expects to be with the party, if he Is able to get away and practically every political leader of importance n the state is expected to Join with the editors in the visit to Lake county. The plans as at present arranged provide for the assembling of the party at Hammond on Thursday morning where after registering they will be placed in charge of Editor P. A. 1'arry of the Lake County Times, and a committee of Hammond citizens and will be shown the industries of tiim- j mond and transports to East Chicago. At East Chicago. Editor A. F. Brown, of the East Chicago Globe, assisted by a committee of East Chicago boosters will take cbargl of the party. A luncheon will be servtd by the East Chicago people and this wiil be followed by a tour of thi great Industrial center. , The party will arrive at Gary Thurday evening- In time for a banquet at the Commercial Club. Editor Bob Phillips and Senator Oliver Holmes, assisted by a committee of Gary citizens will take charge of the party. Arrangements for the banquet are well under way. Ex-Governor Deneen of Illinois will be one of the speakers and Senators New and Watson, Governor McCray and other political leaders will be on the program, f . On Friday morning the party will be taken on a trip through the mills, and the visitors will be given an opportunity to see what makes the wheels go round In Indiana's magic city. Leaving Gary, and bidding good-bye to Lake county a special train over the South Shore electric will carry the party to Michigan City where they will be the guest of Warden Fogarty for luncheon and Inspection of Ihe prison. Following this the party will board a boat for a trip across the lake to Chicago, where the editors will assist in opening the big Pageant of Progress at the Municipal Pier. The outing under the auspices of the editors will be an optn affair, and everyone who wishes to join the party will be welcome .the only requirement or restriction. If any, being that you must be a subscriber or at least a reader of a republican newspaper. CAMP FIRE GIRL IS RUSHED TO HOSPITAL SPECIAL TO THE TIMES CROWN POINT. Ind., July 26. Miss Charlotte Love, daughter of Mr. and Mrs. Samuel Lov? of thii- City, was taken viJently ill with acute appendicitis whne in camp at Cedar Lake Sunday and was rushed to Wesley hospital in Ci.icasco later in the afternoon and an immediate operation performed. Her condition is very encouraging at this time. She was a member of the Camp Fire Girls at Cedar Lake in charge of Mrs. H. I- Whcaton.

EDITORIAL ibb HOSTS COMING ON THURSDAY

Ice cream and soda waters. These taxes have been alluded to as the "nuisance" taxes. Their, repeal Is assured by many committee members. Discussion of the sales tax was opened up before the committee by Rep. Fear. Wisconsin, who is opposed to the tax, and had brought opponents of the proposition forward to argue against it. Announcement was made that the sales tax was not under consideration by the committee at the present time. Southern tobacco growers and manufacturers were represented and a protest was made before the committee against Increases in the taxes on cigars, cigarettes and other forms of tobacco manufactures.

5EKNEWS FLASHES CBULLETI.N.) INTERNATIONAL NEWS SERVICE LONDON, July 6. A somewhat severe earthquake occurred in the St. Fillan district of Scotland Monday afternoon, said a Central News despatch from Edinburgh today. A loud report was followed by a rumbling noise which shook houses. (Bl LLETIN.) INTERNATIONAL NEWS SERVICE SPRINGFIELD, 111.. July 26. "Come and get me." This, in substance, was the re ply of Governor Len Small today 1 when he was informed that Judge E. S. Smith had denied him immunity from state criminal procedure . "Tell my attorneys not to attempt to delay the order cf the court issuing warrants for my arrest." paid tht governor. IU I.I.KTIN INTERNATIONAL NEWS SERVICEl DANVILLE. Va., July 26. Jack Wilson, formerly a railway employe of this city, is under arrest here charged with the theft ten days ago in Detroit, of a" fouthousand dollar limousine In which Wilson was arrested upon arrival here. Wilson is charged with holding up Norman Young of Detroit and taking not only the car but also $150 in cash. Officers are expected here from Detroit to take him into custody. INTERNATIONAL NEWS SERVICE SALEM, 111.. July 26. Cecil Cjrane. 18, Is dead here today, following an attompt last night to hop a Baltimore & Ohio freight train. He was thrown under the wheels of a moving car and his body literally ground to bits. Five of the thirty-nine barrels of whisky, stolen front the warehouse of the Hammond Distillery June 20, by four daring bandits who abducted two watchmen in carrying out their plan, have come to light as a result of the unceasing search which has been conducted by federal agents for over a month. They were found on a farm near Barrlngton. 111. Barrington is a small town located on the Cook and Lake county line thirty-four miles northwest of Chicago. j Four of the barrels were empty, the contents having Just been transferred to bottle?. The fifth barrel was still as it had been taken from the warehouse. They were easily identified by the serial numbers branded on the heads. Iuch secrecy is being maintained by the officers who made the And. It is understood that several arrests were made and that other men are under observation. What has been learned through the men now held is not even hinted at by the federal agents, but it is believed that the entire affair will be cleared up soon. When the thelt was made the big truc'.c was traced into poum cnicago. 1, - V,, Affinio!. that th. "- ..v..-.- w .... entire load had not gone that way Several theories were advanced but lated developments did not bear them out. It is now certain that at least a part of the $50,000 cargo of liquor had passed right through Chicago without hindrance. The government has been trying to discover who owned the liquor which was taken. As the bandits had gone over the tntire s--tock In the warehouse and selected only certain barrels from the lot, it was believed that the men were worl.ing under instructions. The liquor was represented by distillery certificates which have changed hands frequently since they- were Issued and there is no means of learning who holds the ones corresponding to the thirty-nine barrels which were stolon. REPLEVIN SUIT The Motor Car Securities Corporation haf- brought .uit in the Hammond superior court to replevin a Ktearn.sKnight touring enr of 1919 m'odfl, from Tony Malik of East Chicago. They aleo ask for $500 dania JTes. M ade. Royce & Twyman are attorney:' for the plaintiff

STOLEN LIQUOR IS LOCATED

Warrants Given Sheriff For Immediate Service; He Promises Action. BY WILLIAM K. HUTCHINSON STAFF CORRESPONDENT 1. N. SERVICEl SPRINGFIELD. III., July 26. Gov. Len Small of Illinois today was ordered arrested on charges Involving misuse of state Interest funds. His arrest was ordered by Circuit Court Judge E. Smith In a decision denying the right of a governor to immunity from the state criminal code. Warrants charging the governor with a confidence game, embezzlement and conspiracy to defraud, involving $2,500,000 were In the hands of Circuit Court Clerk Charles L. Koehn when Judge Smith had handed down his informal decision.

' y c- Law -r J : rM t - ' ' y -. ? ttf V,? t'.J ! ' T ' ? - I

At- l,t r 4h UOVOXOR I.EX SMALL They were to be fe-iven to Sheriff Harry Mester for immediate service. SHERIFF MIST SERVE IT The court offered to grant the governor a "reasonable period" in which to submit to arrest but warned the governor's attorneys that the therift would be "compelled by law." to serve, the warrants. He also decried the report that the governor might call out troops. The Judge declared hr did not believe that national guardsmen, if called out by the governor, woul'l obey orders to obstruct the law by protecting the chief executive from arrest. Just as court was adjourned. the judge received a large bouq-jct l roses. "Some one has sent the court a bouquet," he said. "I hope that attcr they have heard what the court has to say. thy will want the bouquet to remain." CANNOT IGNORE REQUEST. He began by repeating the "advice" given him at Friday's session of attorneys headed by former Gov. Joseph Fifer. "A request from such a source cannot be ignored." he said, but immediately read abstracts of the law providing for the issuance and service of capias warrants following indictments. "You advise the court on his own motion to Issue a restraining order against service of the capias until the termination of the term of the governor and to suspend prosecution. You contend that the governor is immune from arrest. "You repeat that ancient maximum, "the king can do no wrong.' OFFICIALS CAN HO WRONG. "But In this republic, that ancien? maxim has not reached the state that 'an elected official can do no wronr.' Our governors are not born kings. In the state cf Illinois, we have no fuel thing as the divine right king? The governor may be prosecuted in or out of office. The impeachment i. no bar. Impeachment is not a criminal procedure. It Is simply a process of removal from office," tho court declared . Judge Smith bitterly denounced th report that Gov. Small would call out troops. (OIRT IS rNIMPRESSF.O "It is suggested that the governor as commander of the state's military forces, would call out truops to prevent service of the capiases issued by this court. This does not impress the court. This court believes the governor will obey tho law and the constitution specifically provides that the state troops shall he called out only to suppress insurrection and uphold the law. The governor suiely would not call out the troops to oppose th law. In fact, the constitution pr"vldcs that the troops are to be urtd to assist civil authorities in i-arryit.a out the law. It ennnot be believtd that the governor would cull tu' troops to obstruct the c.in?t itution or that the troops so-callej out v. ul I carry out such orders" sail the court. COinT WARNS SHERIFF. After describing the process "t capias service, the court i.-.-Uid a warning to Sheriff Henry Mester. "If the sheriff wilfully r corruptibly delays service of a capias, he is . reject to prosecution hy this court." Judtrc Smith declared. The court then pointed out that.' i grant of immunity to arrest at this time would in effect be an order preventing the prosecution of the governor for all time. TKM.S CLERK HIS PITY "The statute of limitation runs thref years and the governor's term has three and a half years to run." thecourt added. "This court Is advised to withhold the Issuance of i;ipiii.s. To d so would he to openly i'rn irf the plain mandate of the statute. At he end of the" )L,ove rnoi-'s trrr.i. the statute of limitations v.-ouM expire and the governor could n't he prosecuted . " In closin-g his opinion. Jui-'e S:n :h said, "It is th duty t the clerk of this court to tsfu- the proc. ss of .-np'.ns .