El Paso herald. (El Paso, Tex.) 1901-1931, 1911-01-28
LAWYERS OPPOSED
TO RECALLFE
Lowell Says Provisions Of
Proposed Constitution
Border on An
archism..

Tucson, Ariz. Jan 2S.-That some
OF the provisions Of the proposed con-
situation for Arizona are distasteful
and border on anarchy, is the statement
OF attorney William NJ Lowell. a Dem
ocrat who says he has carefully an
alyzed the constitution as drafted
when I speak to my friends of the
constitution, call 1t anarchy, incipient
anarchy-and not very incipient
either" he said.
Il am opposed to the provision for
the initiative and referendum for the
reason that the percentage Of voters
required to initiate or refer is entirly
too low; and especially is that true
of the referendum, which requires only
8 percent of the qualified voters of the
state in order to secure it Provision
is made that the legislature may pass
a lew which is entirely beneficial to
the people Of the state generally, yet
If 8 percent Of the interests adversely
affected by the law choose to invoke
the referendum that law may be held
up or suspended for two years. 1t
would be easily in the power Of rail-
road corporations. mining corporations
or other great interests to bring about
that condition Of affairs.
eRecaII Is Vicious
ct steems to me that the recall pro-
vision is vicious, and particularly so
when IT applies to the judiciary. The
courts Of our country are the very
sheet anchors Of stability and founda-
ton on which our government rests.
If the judiciary may be recalled, 1t be-
comes or may become subservient to
the will passion or prejudice Of any
large class of people. In case of ex-
element or threatened destruction Of
property, or the threat tened loss of life
or liberty by any considerable class
Of people, that threat ought to be re-
strained, and the courts should have
full power to do so-otherwise there
can be no safety. noticed a few days
ago that in Denver a number Of peo-
pie sought the impeachment Of judge
who had issued a restraining order on
certain persons for committing certain
violent acts. The restraining order
was violated, and the violators were
sent to jail for contempt Of court
That gave rise to the impeachment
Now If Colorado had the recall of the
judiciary that faction would have an
open road to depose that Judge
Viewing these provisionsio Of the con-
stitution as 1 do, it seems to me that
they would generate political confu--
sion-and ii may be anarchy. Anarchy
is defined as the want OF government;
a state of society where there is nc
law or supreme power, and where in
dividuals do what they please with i'm
punity; political confusion.
Defeat Constitution.
s. NJ. Franklin, a lawyer and a DEM
ocrat, declares he will vote against
the proposed constitution. Ny chief
objection is to the recall Of the 5u-
dietary" he said The effect Of the
recall in disputes between capital and
labor will be such, think. as to prob
ably destroy the independence Of a
Judge. At least it will have that ten
dency.
Il think it is best to defeat the
present constitution so another meet
ing of the constitutional convention
can be had to eliminate all objection
able features TO the present constiJu-
ton, that IT may be made one that IS
sure Of being approved by the pcesf-
dent and congress.
@BOteh Work,
J. P Hohusen, member Of the
board Of supervisors. says the pro-
posed constitution is bOtch work, and
he intends to vote against 1t. Tie
president gave US fair warning When
he was in Arizona not TO adopt a con-
stitution like Oklahoma's. As far as l
can see, however. we have gone Okla
homa one better, and we have made
such a botch Of our constitution that
we can't get statehood with IL : think
the territory ought to reject this "on-
stitution and make one that We VIII
have a chance to use.