Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-08-16
PRESIDENT TAFT VETOES THE
STATEHOOD BILL, AS EXPECTED.
Sends Special Message to Congress=-Con
demns Recall of Judges Feature of Arr
IONA Constitutions Would Be Pernici-
ous--Urges Court Free from Politics.

in special message to the House of
Representatives. today vetoed the
Joint resolution providing for the add
u1tssion of New Mexico and Arizona
10 statehood His reason for exer-
tisins the executive power of Veto was
based on his thorough disapprnval of
the recall of judges clause in the
Arizona constitution. The fact that
New McxiCo's statehood was bound up
with that of Arizona melted out To her
the same fate. and neither territory
can come into the union at this time
unless friends of the Joint resolution
in Congress can muster the two
thirds vote necessary to pass the reso-
luton over the Presidents veto This
may be attempted
The President did not spare words in
condemning the recall feature of tile
Arizona constitution which he said,
would compel Judges to make their
decisions under legalized terrorism.
The recall provision would operate
against all elective officers of Arizona,
including both county and state
judges When q per cent of the
voters If the previous election pet-
toned for a special election to remove
dH piit-ldl Slitil an NhN'''N'
compulsory
This provision of the Arizona con-
stitntion." the President says, in its
application to county and state judges
seems to me so perncious in its Il
feet. so destructive of independence III
the judiciary, so likely to subject the
rights of the individual to the possible
tyranny of popular majority. and
ftfnt aiFaftG
cause of free government. that | must
disapproVe constitution containing
it
Much of the message was devoted L"
discussion OF the functions of the
courts under the constitution. The
President dweit at considerable length
on the necessity for freeing the Ja-
dietary as much as possible from poll
tics or popular influence. And, refer
ring to the recall provision. he asks
Could there be A system more in
seniouslv devised to subject judges u
momentary gusts of popular passion
then this
The message was received with
great interest by the House. largely
because OF the Presidents long assa.
cation with the judiciary.
To The House of Representatives
return herewith. without nay APP
prevail. House Joint Resolution No, Il,
To admit the territories OF New
Mexico and Arizona as states into the
union on an equal footing with the
original states
Congress. by IN enabling act APP
proved June 20, 1910. provided fer the
calling of a constitutional convention
in each of these territories. the sub
mission of the constitution proposed
by the convention to the electors OF
the territory the approval Of the CON
stitution by the President and Con
gress. the proclamation of the fact by
the President and the election of state
officers. Both in Arizona and Ne"
Mexico. conventions have heeu held,
constitutions adopted and ratified 10y
the people and submitted 10 the Pres'-
dent and Congress | have approved
the constitution Of New Mckee AID 50
did the House Of Representatives of
the Sixty First Congress. The senate.
however. failed to take action upon 1t,
have not approved the Arizona con-
stitution nor have the tWo-lloGses OF
Congress, except as they have done SO
ny the Joint resolution under consider
at ion. The resolution admits both tel
ritories to statehood with their con-
situations on condition that at the
time of the election OF state officers
New Mexico shall submit tc its eicc-
tcrs an amendment To its new "onsu-
tuition altering and modifying its pro
vision tor bittne lmendments, and on
the farther condition that Arizona
shall submit to its electors, at the
time of the eIertioa of its state of
ticers. a proposed amendment 10 its
constitution by which judicial officers
shall he excepted from the section per
uniting a recall of all elective oiheers.
&c ! sign this Joint resolution | do
not see how | can escape responsibility
for the judicial recall of the Arizona
constitution The joint resolution ad-
mits Arizona with the judicial recall.
but requires the submission OF the
question of its wisdom to the voters
In other words, the resolution APP
proves the admission of Arizona With
the judicial recall. unless the voters
themselves repudiate it, Under the
Arizona constitution all elective Off
GERS and this includes county and
state judges. six months after their
election. are subject to the recall It
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 of the pre-
vious general election Within five
days after the petition is filed, the Of
ficer may resign. Whether he does or
not. an election ensues in which his
name, if he does not resign, is paced
on the ballot with that of all other
candidates The petitioners may print
on the official ballot 200 words show
ing their reasons for recalling the
officer and he is permitted to make de-
fence in the same place in 200 words
If the incumbent receives the highest
number of the votes he continues in
his office: if not he is removed from
office and is succeeded by the candi
date who does receive the highest
number
This provision of the Arizona con-
stltution in it's application to county
and state judges, seems to me so per-
nicious in it's effect so destructive of
independence in the judiciary. so like
H. l. ~ x.;,rl,4 to Of hA M