Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-02-06

Washington. d. c. Feb. 5-(SpeciaD
Under the caption The Bench of
the Mob" the New York sun says
editorially today: The reckless popu-
lism embodied in the form Of consti-
tuition on which Arizona is to vote
next Thursday appears in almost ev-
cry article of that astounding docu-
ment Let sane Americans contem-
plate the proposed application of the
principle of the recall to judicial Of
ficers in the state, from the lowest
to the highest Take the supreme
are to be chosen at a general state
election by the qualified voters of the
state at large, for a term Of six
years. During this period the con-
tinued performance Of their duties is
subject to the provisions of article
VIII. entitled: Removal from office
Recall Of Public Officers We quote
the material parts Of this article"
The Sun here quotes articles ?, 3, 4
and 5 and proceeds:
To this complexion are The courts
of law to come in a state in the Amer
lean union. 4 judge r@n fering his
decision according to his Conscience
and his knowledge of the law. il
his decision or opinion be momentar-
lily unpopular. may be summoned by
less than one quarter Of the voters TO
stand trial before the mob. The re-
quisite signatures to a petition for
his removal from the bench for en-
tertaining unpopular views of law
may be obtained in separate patches,
anywhere. on the streets, on trains,
in workshops, or at mass meetings
inflamed by speeches Of demagogues.
THE twenty-five per cent having
put the judge on trial before the
mob. in presence Of which. as the
high court of appeal he must defend,
in two hundred words or less, his con-
ception of duty and understanding
of the law Within thirty days the
temporsneously. the entire bench may
be dragged from the bench by mere
plurality vote. BY the same plural
ity vote the entire bench may be sup
planted by more facile interpreters of
the waves Of public emotion and il the
attack upon judicial independence is
unsuccessful in the first instance. the
assailed jurist may be hauled re-
peatedly before the bench of the mob,
at intervals Of "a little more than
one month. during MS entire six years
term, or until he is disposed Of as
long as anybody is willing to pay the
cost OF removal elections"
PRESIDENTS BROTHERS PAPER.
Mr. Charles p Taft's Times-Sta OF
Cincinnati has aptly described the
proposal OF the Arizona convention as
an attempt ID incorporate lynch law
i'm the constitution OF an American
state. In case of the Arizona judici-
airy, the subjects of terrorism of the
moose, the intended victims of the new
law Of the impassioned multitude, are
to be the very men whose function il
is TO apply the old law and interpret
this same constitution which provides
for a subordination Of their decisions
and constructions to the malice. the
foolishness, and the frenzy of a plur-
ality vote at the polls There has been
nothing like this since the last de-
cade of years in the eighteenth CEN
fury. Surely this grave peril con-
Germs not only the people of Arizona" I
The foregoing as well as an editorial !
of the Sun on Saturday are regarded |
here as very significant in view Of |
the cordial relations between the |
Sun and the White House.
The Suns utterances are considered |
to reflect the known strong views OF |
the president concerning the Arizona |
constitution.
A GRAvER PERIL.
on Saturday the sun said under the |
heading: The President and Arizo- |
ma"
1.-The people of the territory Of |
Arizona are to vote on Thursday on
the form Of constitution proposed |
with a view to statehood. by the re-
cent constitutional convention. Ari-
IONA has faced and escaped the danger |
OF joint statehood but she is now
confronting a yet graver peril. The |
constitution which the voters are
to ratify or reject next week. is an
embodiment OF the worst heresies in
the populistic creed. the crank notions |
Of government which Bryan made pc
culiarly his own. Oklahoma's expert