The Detroit times., 1911-08-15
PRESIDENT VETOEs
STANDARDIZATION
OF CONGRESS
Chief Executive Says Arizona and
New Mexico Are Undesirahles a.
New States Because Of Judi
ciary Recall in Constitution.
Judicial Recall System Pernioious
and Destructive Of Free Govern
ment,' Taft Declares.


WASHINGTON. Aug. 15.--President
Tart this afternoon sent to congress his
message vetoing the resolution admit
ting Arizona and New Mexico to state
hood, basing his objection on the pro-
vision In the Arizona constitution
making the judiciary subject to the
recall. The president vigorously de-
nounced this proposed system as "per-
nicious and destructive OF free gov
ernment"
The message, in part, follows:
Il return herewith, without my ap-
proval, the house joint resolution to
admit the territories OF New Mexico
and Arizona as states.
IF | sign this resolution, | do not
see how can escape responsibility
for the judicial recall of the Arizona
constitution. This provision OF the
Arizona constitution, In its applicar
tion. to county and state judges. seems
to me SO pernicious In Its effect, 50
destructive OF Independence In the
judiciary, so likely to subject the
rights OF the individual TO the possible
tyranny OF q popular majority, and.
therefore, to be so injurious to the
cause OF free government, that | must
disapprove constitution containing
It.
Government 10 For Az.
Nov. as the government Ia for all
the people, and not solely for q ma
jority Of them, the majority. In en-
ercising control. either directly or
through Its agents, Is bound to exer.
else the power for the benefit or the
minority as we'll as the majority. But
all have recognized. that the majority
of reorle( unrestrained by law. when
aroused and without the SOLDERING ef-
feet OF d iteration and discussion.
may do iairStice to the minority or
to the individual when the selfish
interest o. the majority prompts.
Hence arises the necessity for
a constitution by which he Will
OF the majority shall be permitted 10
guide the course OF the government
IDnly under controlling checks that ex-
| perience has shown to be necessary
10 secure for the minority its.share of
tho benefit TO the whole people that &
popular government Is established to
| bestow.
The executive and Legislative
branches OF our government are rep
resentative Of the majority OF the peo-
pie which elected them, In guiding the
course OF the government within the.
limits of the constitution But the
judicial branch Of the government 10
not representative OF the majority OF
the people In any such sense, even II.
the mode OF selecting judges Is by
popular election. In a proper sense.
judges are servants OF the people. But,
they are not popular representatives.
On the contrary, 10 Ill their ONCE
properly, they must be independent
They must decidN every question
which comes before them according 10
law and justice"
"In early days. some argued that
whatever was done by the legisla-
ture was constitutional. But Il was
soon settled that Il was the duty OF
the judges to apply the law and so
TO declare what was the law and II
what purported to be statutory law
was at variance with the fundamen-
| tal law--i. e., the constitution--the
seeming statute was not law at all,
was not binding on the courts, the
individuals or any branch OF the
government. and that II was the duty
If the judges so TO decide. This pow
er conferred on the Judiciary In our
form of 60, ernment Is unique in the
history OF governments. and its OPP
Grafton has attracted and deserved
the admiration and commendation OF
the world II gives to our judiciary
| a position higher. stronger and more
Irresponsible than that OF the Judiciary
OF any other country and more effec-
lively secures adherence to the fun
damental will of the people.
independence for Judges.
Judges TO fulnli their functions
properly In our popular government
must be more independent than IN
any other form OF government, and
that need OF Independence ls greatest
where the individual is one litigant,
and the state. guided by the success
tfu1 and governing majority, IL the
other. In order TO preserve the
rights of the minority and the indi-
(Continued ON Page NineJ
New Corporations.
Nat.a A. =