Omaha daily bee., 1911-08-16

chance OF statehood legislation at TINS
sessioh.
e.. Text of the Message.
The text OF the message follows:
TO the House OF Representatives; I
return herewith, without my approval,
house joint resolution No. - to admit the
territory OF New Mexico and Arizona as
states into the union on an equal footing
with the original states.
Congress by an enabling act approved
June 20, 1910. provided for the calling of
constitutional convention in each OF these
territories. the submission OF the cOnsti-
tuition proposed by the convention to the
electors Of the territory, the approval OF
the constitution by the president and con-
gress, the proclamation of the fact by the
president and the election of state of.
ficers. Both In Arizona and New Mexico
conventions have been held, constitutions
adopted and ratified by the people and
submitted to the president and congress.
II have approved the constitution of New
Mexico and so did the. house of representa-
tives Of the Sixty-first congress. The
senate however, failed to take action
upon II.
II have not approved the Arizona con-
stltution nor have the two houses Of con-
gtess except as Uhey have done so by the
joint resolution under consideration
Conditions of ReSOIutiOn.
THE resolution admits both territories
to statehood with their constitutions, on
condition that at the time of the election
Of state officers, New Mexico shall submit
to its electors an amendment to It's new
constitution altering and modifying its
provisions for future amendments and on
the further condition that Arizona shall
submit to It's electors. at the time of the
election OF its state Officers, a proposed
amendment to its constitution by which
Judicial officers shall be excepted from
the section permitting a recall of all
elective officers,
III sign this joint resolution. 1 do not
see how l can escape responsibility for the
judicial recall of the Arizona constitution.
The joint resolution admits Arizona with
the judicial recall, but requires the sub
mission Of the question OF its wisdom to
the voters In other words, the resolution
approves the admission Of Arizona with
the judicial recall, unless the voters them
selves repudiRte II. -.
Under the Arizona constitution all cleo
tive officers, and these include county
and state judges, six months after their
election, are subject to the recall, 1t is
ipitiRted by a petition signed by electors
equal to % per cent of the total number
Of votes cast for all the candidates for the
office at the previous general election.
Within five days after the petition Is filed,
the officer may resign. Whether he does
or not, an election ensues in which his
name, II he does not resign, is placed on
the ballot with that OF all other candi-
dates,
The petitioners may print on the Of
fetal ballot 800 words showing their reasons
Tor recalling the officer, and he Is per-
United TO make defense IN the same place
In 100 words, II the incumbent receives
the highest number of the votes; he con-
unues In his office; If not he IL removed
from office and is succeeded by the candi-
date who does receive the highest num-
Der,
pestrOya independence of Court.
This provision Of the Arizona constitu-
ton, In its application to county and state
Judges, seems TO me pernicious In Its eff
feet. so destructive Of independence In the
Judiciary 10 likely to subject the rights
Of tho Individual to the possible tyranny
Of a popular majority and, therefore, to be
50 Injurious to the cause OF free govern
mens' that ! must diSapprove . oonsttu'
ton containing Il.
office given me In the enabling act al
ready referred to, approved June %. 1910
which, was that Of approving the constl-
tutloHs ratified by the peoples Of the ter.
rite IL may be argued from the text
OF act that In giving or Withholding
TIL TOTnl. under the act, my only duty
is ,. examine tho proposed constitution,
and sc l. find nothing In, II inconsistent
with the federal constitution, the principles
OF tho declaration of Independence. or the
enabling act, 70 register my approval.
but now / am discharsing my ,constitu-
tlonai function in respect 20 the enactment
OF laws, and my discretion equal TO that
OF the houses OF congress- must therefore
withhold my approval from this resolution
II in fact do not approve It as . matter
Of governmental policy.
''of course a difference OF opinion as to
the wisdom Of details In a state constitution
ought not TO lead me to set up my opinion
against that Of tho people OF the territory
II is 70, be their government and while the
power OF congress to withhold or grant
statehood Is absolute. the people about 20
constitute y state should generally know
better the kind of government and eohsti-
tuition suited to their needs than congress
or the executive. But when such a consti-
tuition contains something so destructive
OF free government as the judicial recall
It should be dlsspproved
Government for All People.
"A government IL for the benefit of all
the people We believe that this benefit
Is best accomplished by popular govern,
naent because in the long run such class
OF individuals Is apt to secure better pro-
vision for. themselves through their own
voice In goNsTnment than through the al
truistic interest OF others. however intelh4
gent or philanthopic.
The Wisdom OF ages has taught that no
government exist except IN accord
anoe with laws and unless the people under
Il either obey the laws voluntarily OF are
-.ade TO obey them. In a popular govern
ment the laws are made by the people-not
by all the people. but by those supposed
and declared TO be competent for the pur-