Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-08-15

latter their election. are subject to the
recall Il is initiated 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, if he does not resign, is placed
on the ballot with that of all other
candidates.
The petitioners may print on the
official ballot 200 words showing their
reasons for calling the officer, and hv
Is permitted to make defense in the
same place in 200 words. Ii the n
cumbent receives the highest number
| Of the votes he continues in his OF
flee; if not, he is removed from office
and succeeded by the candidate who
does receive the highest number.
| This provision of the Arizona consti.
tuition, in its application, TO county and
state judges seems to me pernicious,
Ill its effect, so destructive OF inde-
,pendence in the judiciary, so likely
| to subject the rights OF the invidua!
to the possible tyranny OF populal
majority and therefore, to be injuri
Gus to the cause OF free government.
that | must disapprove a constitution
containing it.
| | am not now engaged in perform.
ing the Office given in the enabling
act already referred to, approved June
20, 1910, which was that of approving
the constitutions ratified by the peo-
pies OF the territories. 1t may be ar
gued from the text of that act that in
giving or Withholding the approval un-
der the act, my only duty is to exa-
mine the proposed constitution, and
ii | find nothing in it inconsistent
with the federal constitution. the
principles of the declaration of In
dependence, or the enabling act, to
register my approval.
But now, I am discharging my con-
stitutional function in respect to the
enactment of laws, and my discretion
is equal to that of the houses of con-
gress. | must therefore withhold nv
approval from its resolution if in fact
do not approve it as a matter of
governmental policy
OF course a mere difference of opin.
ion as to details in a state cons1tu.
ton ought not to lead me to set up
my opinion against that of the people
OF the territory. 1t is to be their gov
ernment, and while the power of con.
gress to withhold or grant statehood
is absolute. the people about to con-
stltute a state should generally know
better the kind of government and
constitution suited to their needs
than congress or the executive.
But when such constitution con-
tains something SO destructive of free
government as the recall, it should
be disapproved.
A government is for the benefit ol
all the people, we believe this benefit
Is best accomplished by popular gov
ernment, because in the long rur
each class of individuals is apt to Sc
cure better provision for themselves
: through their own voice in govern
ment than through the altruistic in
terest of others, however, intelligent
or philanthropic.
| The wisdom of ages has taught that
: no government can exist except in
accordance with laws and unless the
people under it either obey the laws
voluntary or are made to obey them
In a popular government the laws arc
made by the people-not by all the
people-but by those supposed ant
declared to be competent for the pur
pose, as males, over q years of age
and not by all of rnese-but by 9
, majority of them only.
Now as the government is for al
the people, and is not solely for a
majority of them, the majority ir
exercising control either directly OF
through its agents, is bound to exer
else the power for the benefit of the
e minority as we'll as the majority. Bu
= all have recognized that the majorit,
Q of people, unrestrained by law whel
e aroused and when without the sob
j. ering effect of deliberation and dis
i cussion may do injustice to the min
ority or to the individual when tn
selfish interest of the majorit
$ prompts
: Hence arises the necessity for
/ constitution which the will of tn
|. majority shall be permitted to guild
t the course of the government only un
/. der controlling checks that expe
n rience has shown to be necessary t,
!. fsecure for the minority it's share O
n the benefit to the whole people that
q popular government is established t.
!, bestow.
!. A popular government is not gov
ernment of majority, by a majorit
, for a majority of the people. 1t
. government of the whole people, b
= = majority of the whole people unde
such rules and checks as will secur
wise, just and benefcient govern
ment for all the people.
1t is said you can always trust tn
! people to do justice. If that meAn
: all the people and they all agree, yo
can. But ordinarily they not a
Il agree, and the maximum is interpre
n ed to mean that you can always trus
a majority of the people. This is nc
= invariably true; and every limitatio
J. imposed by the people upon the pow
;. er of the majority in their constit,
d tion is an admission that it is not a