Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-08-16
DESTRUCTIVE OF REAL FREEDOM
Says Unpopular Parties to Litigation
Would Have No Chance.
COURTS MUST BE KEPT FREE
Decisions Made Under Legal Terror
ism Could Not Be Just.
SMITH INTRODUCES SUBSTITUTE
His Resolution Provides for AdmAs-
sion of Both Territories Under
Conditions that Meet Fresi-
dents Objections.


Net st noon
ror.asn rslation committee considered
arbitration treaties.
Committee on contingent expenses pro-
possd investigation Of Senator stephen
son's election
senator Psnrous introduced resolution
for adjournment OF congress 3 p. m Au-
EuEt a.
senate adopted Stephenson election In
investigation.
senator PomsrOns appointed 90 Euooesd
Bailey on committee on elections.
senate made public report foreign rSlA-
tions committee Recommending amend
msn4 OF arbitration treataeS.
Chairman Diningham authorized BY COM
Inittse on elections 20 appoint Hubcomnit-
tee. Of five for stephenson tnvsSngaS0n
HOUSE.
Met At noon. Presidents veto Of state
hood bill received By house.
wiley committee heard solicitor Mo-
Cabe, Dr. Rusby and others.
Reorganization Of customs system sx-
planned
WASHINGTON. Aus. l5-President Taft
in a special message TO the house Of repre-
sentatives today, vetoed the joint resolu-
ton providing for admission of New Mex
ico and Arizona to statehood. His rea-
son for exercising tie executive power or
veto was based on his thorough dlsap-
proval Of the recall Of judges clause In
the Arizona constitution. The fact that
New Me1dco's statehood was bound UP
with that OF Arizona neted out 10 II the
same fate and neither territory can
come into the union at this time unless
friends Of the joint constitution In con-
gress can muster the necessary two
thirds vote to pass the resolution over
the presidents veto. This may be at
tempted.
The president did not spare words in
condemning the recall feature Of the
Arizona constitution, which he said would
compel Judges 10 make their decisions
under legaliEed terrorism"
The recall provision would operate
against all elective officers Of Arizona.
including both county and state judges.
When twenty-five per cent OF the voters
Of the previous election petroned for
q special election to remove an official
such an election would be compulsory.
Destructive of Freedom.
This provision OF the Arizona con-
stitution." the president says, 'in its ap-
plication 70 county and state Judges seems
10 me so pernicious in its effects. de-
/ structive Of independence IN the judiciary.
/ so likely 10 subject the rights Of the
/ Individual 10 the possible tyranny OF
popular majority and therefore to be 20
( injurious TO the cause of free government,
/ ] must disapprove q constitution contain
/ ing it
Much OF the message was devoted to
q discussion Of the functions Of the courts
under the constitution. The president
dwelt at considersb bic length on the neces-
Fity for freeing the judiciary az much Gs
possible from politics or popular influ-
ence. And referring 10 the recall pro-
vision he asked:
| Gould there be q system more ingen-
| iously devised 10 subject judges TO momen-
tary gusts OF popular passion than this?''
! The message was received with great In
| terest by the house, largely because OF the
presidents long association with the
! judiciary.
! The message was read 70 the house amid
absolute silence. Then a storm OF applause
broke from the republican side. The demo-
Gratis remained quiet The message SAS re-
ferred 70 the territories committee
The motion for reference OF the stste-
! hood resolution and veto was made by
/ Representative FLOOD OF Virginia, chairman
Of the committee on territories.
! The bill was referred without roll call
smith INTRODUCES Substitute.
A resolution providing for admission OF
New Mexico and Arizona In accordance
with the wishes Of President Taft as 70
the recall Of Judges was introduced today
( by Senator smith Of Michigan, chairman
/ Of the committee on territories The reso-
luton makes obligatory the elimination Of
( the recall feature Of the Arizona cOnstitu-
/ ton.
Mr.. Smith has called a special meeting
/ Of the senate territories committee for to-
morrow morning to consider his bill. which
was Introduced following a conference be
had with President Taft Mr. Smith said
that even though attempt 10 pass the
statehood bill over the presidents veto
should fail there stil there Was a good