Bisbee daily review., 1911-05-09
WOODROW WILSON ON THE JUDICIARY RECALL.

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 THE JUDICIARY RECALL.
 Governor Woodrow Wilson. of New Jersey, has taken strong position against the recall being applied to the judiciary in this country and pointed out in a most sensible way why this proposition is not possible if the courts are to remain free from political influence. Governor Wilson says the duty of a judge is not to declare what the law shall be. but to declare what the law actually Is. The following extract is from the speech delivered by Gov ernor Wilson in Kansas City few days ago:
 The recall of judges is another matter Judges are not lawmakers. They are not administrators. Their duty ia not to determine what the law shall be, but to determine what the lav Is. Their independence, their sense of dignity and of free dom, is of the first consequence 10 the stability of the state. To apply to them the principle of the recall is to set up the idea that determin- ations of what the law is must re- spOnd to popular impulse and to popular judgment
 Tt is sufficient that the people should have the power to change Fs s- necessary that they should directly influence by threat of recall those who merely interpret the law al- ready established The importance and desirability of the recall as a measure of administrative control ought not 10 be obscured by draw ins in into this other and very diff, ferent field
 It is well known that this paper has consistently opposed the recall ever since 1t was proposed that it should be placed in the Arizona constitution and made to apply to the judges as well as the admins trative officers of the new state. The one democrat who refused 10 sign the constitution after it had been completed did so on the one ground of the application of the recall 10 the judges. It is now pleas ing to know that such a democrat as Woodrow Wilson, who stands as one of the foremost in the race for the democratic nomination for presi- dent next year. agrees with our po- sition on the recall. To our mind the recall, as it has been placed in the constitution would be absolutely unfair to even an administrative of- ncer and certainly would be Unbear- able when it extends as a menac- ing club to the judges of our courts who have no other duty Of i'm portance to the people other than to decide and construe the law and frs meaning as written in the book.
 The majority of the constitutional convention was advised and begged to leave this feature out of the con stitution, because of it's menace 10 the freedom and independence Of the courts and because Of the fact that such a provision was sure tc invite opposition to the adnzissicr of the territory which cannot com under the present enabling act un- HI the constitution has been ap- proved by congress and the presi- dent. But a majority of the conven- ton, many of whom were looking for a chance to ride into office on a popular wave of progressiyeless, turned a deaf ear to all entreaties and warnings and the result has been just what was predicted it would be-statehood has been hung uu in the air because Of the recall provision in the constitution Demo crats who offered good advice to the convention were denounced as op- moments of statehood and enemies of the people of Arizona Hon Champ Clark, present speaker of the house of representatives wrote letter to a friend in Phoenix during the con