Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-07-11
TRACES THE RECALL
Senator Sutherland Opposes
Arizona Constitution Cloud.
SEVERE I'M DENUNClATION
Public Unable to Devote Time to
Consideration of Minute De-
ails of Legislation.

To an "amiable band of insurgents and
soothsayers' all efforts in behalf Of the
initiative, referendum and recall pro-
visions Of the Arizona constitution were
traced by Senator Sutherland of Utah
today. He addressed the Senate in OPP
position to the approval of that instru-
ment. He was especially severe in his
denunciation of the inclusion Of the
members Of the judiciary in the recall
Accepting the application Of the
referendum principle as wise when 1T
applies to such general enactments as a
state constitution, Mr.. Sutherland con-
tended that the general public never
would give sufficient time to general
legislation to pass intellgently upon
it. What he objected to in the refer
endum was not it's historical applica-
ton, but its hysterical extension.
Operation of Law in Oregon.
Senator Chamberlain of Oregon OBJ
jected to Senator Sutherland's state
ment that with the referendum in
operation there could be no amend
ment or repeal of laws once passed.
He said that the Oregon legislature
had had the courage to repeal laws
thus approved by the people.
We'll. Oregon is a law unto ITSELF,
said Senator Sutherland
so is Utah." retorted Chamberlain.
Neither Time Nor Inclination.
THE people as whole" he said,
have neither the inclination, the spe-
cialized training nor the time requisite
to enable them to master the thousand
and one details necessary to qualify
them to wisely discharge the functions
of ordinary legislation
He said that where recently thirteen
proposed laws had been submitted to the
people of South Dakota all had been
voted down in utter disgust. because Of
the unwelcome task imposed upon the
electors
Applying to the initiative all the OBJ
jections attaching to the referendum. he
declared the proposed Arizona system TO
be especially objectionable.
Under the initiative as thus provided.
proposed laws" said the senator. Wv IL.
of course, frequently be drafted by
coterie or clique Of interested persons,
perhaps all of one way of thinking. 1t
will not be considered and debated in
public, as legislative enactments are;
there will be little, if any, opportunity
for the consideration of opposing views
in framing the law.
Power of Compromise Lacking.
necessity in the making of laws, will be
wholly absent. The chances are alto
gether in favor of the adoption of more
unwise laws than ever get through our
legislatures
Mr. Sutherland's main opposition to the
recall principle was with reference to the
judiciary included In the Arizona constl-
tuition.
1.-THE recall" he said, puts into the
scale upon one side or the other in every
case where strong public feeling exists,
the artificially induced anxiety of the
Judge for the retention of his place. The
recall institutes a tribunal where every
body decides and nobody is responsible;
where at least % per cent of the men,
bership have already, as the judges ac-
cusers, prejudged his case, and from
whose arbitrary and unjust findings there
lis no appeal In such form vile Cos
sip and village scandal stand in the place
| of evidence: assertion takes the place of
sworn testimony; and the foulest lie
goes unchallenged by the tombstone of
| cross examination.
Criticises Progressives.
Mr.. Sutherland pol5ed fun at Senator
Bourne's composite citizen" made re-
| ply to Senator owens contention for the
right to recall even judges of the Su-
preme Court and generally criticised the
attitude Of the progressives of all parties
as Utopian.
at is" he said 1.-THE story of the phi
| losopher's stone over again and all the
other impossible undertak ngs which have
vexed mems souls and turned their brains
and filled the lunatic asylums since man.
| kind was divided into these who see facts
and those who see visions"
|