El Paso herald. (El Paso, Tex.) 1901-1931, 1911-08-15
PRESIDENT VETOEs STATEHOOD BILL;
CALLS ARIZONA RECALL PERNIC|OUs
CONTINUED from page one,


official ballot zoo words showing their
reasons for calling the officer, and he
Is permitted TO make defense IN the
same place in 200 words. If the in
cur1bent receives the highest number
OF the votes, he continues in his Of
flee; II not, he is removed from office
and is succeeded by the candidate who
does receive the highest number.
Provision Pernicious.
This provision Of the Arizona con-
stitution, in its application TO count.
and state judges, seems to me PERM
independence in the judiciary, so like
" to subject the rights of the indi-
vidual to the possible tyranny OF a
popular majority and, therefore, TO be
so injurious to the cause Of free gov
eminent, that I must disapprove a
constitution containing it.
am not now engaged in perform
ing the office given me in the enao-
ling act already referred to. approved
June 20, 1910, which was that Of ap-
proving the constitutions ratified by
the people of the territories. It may
be argued from the text Of that act
that IN giving or withholding the ap-
proval under the act, my only duty Is
TO examine the proposed constitution,
and II 1 find nothing In it inconsis-
tent with the federal constitution, the
principles of the Declaration Of Inde-
pendence, or the enabling act, to reg
lister 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 cf the house Of repre-
sentatives. I must therefore withhold
my approval from its resolution If IN
fact ] do not approve as a matter OF
governmental policy
Of course a mere difference of opin-
lon as to details in state constitu-
ton ought not to lead me to set VI
my opinion against that Of the People
Of the territory. 1t is 20 be their gov
eminent, and while the power Of con-
gress to withhold or grant statehood
is absolute, the people about to con-
stftute state should generally know
letter the kind of government and con-
stitution suited to their needs than
congress or the executive
should be Dfsapproved.
But when such a constitution con-
tains something so destructive to gov
eminent as the recall, il should be
disapproved-
A government is for the benefit Of
all the people. We believe this bene-
government, because in the long run
each class of individuals is apt to
secure better provision through their
own voice than through altruistic in
terest OF others, however Intelligent
or philanthropic.
The wisdom of ages has taught that
no government can exist except in ac-
cordance with the laws and unless the
people under it either obey the laws
In a popular government the laws are
made by the people-not by all the
people-but by those supposed and de-
clared to be competent for the pur-
pose, as males over Fl years OF age
and not by all of these-but by a ma
jority of them only
Now as the government is for al
the people, and is not solely for g
majority of them, the majority. in ex-
ercising control either directly OF
through its agents, is bound to ex-
ercise the power for the benefit of the
minority as we'll as the majority. But
all have recognized that the major
ity of people, unrestrained by law,
when aroused and when without the
SOLDERING effect Of deliberation and dis
,cussion, may do injustice to the mi
nority or to the individual when the
selfish interest of the majority
prompts.
Hence arises the necessity for con-
stitution by which the will of the ma
jority shall be permitted to guide the
course of the government only under
controlling checks that experience has
shown to be necessary to secure for
the minority its share Of the benefit
to the whole people that a popular
government is established to bestow
Popular Government.
A popular government is not a gov
eminent Of a majority, by a majority
for a majority of the people. 1t is a
a majority Of the whole people, under
such rules and checks as will secure
q wise, just and beneficent govern
ment for all the people.
It is said you can always trust the
people to do justice. If that means
all the people and they all agree, you
can But ordinarily they do not al
agree, and the maxim is interpreted
to mean that you can always trust g
majority of the people. This is net
invariably true; and every Limitation
imposed by the people upon the power
of the majority in their constitution
is an admission that 1t is not always
true.
No honest, clear-headed man. how.
ever great a lover of popular govern
ment, can deny that the unbridled ex-
preston of the majority of commun-
would sometimes make a government
tyrannical Constitutions are check:
upon the hasty action Of the majority
They are self-imposed restraints OF
a whole people upon a majority Of