The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-08-15
Declares Government is For
all the People Not
For Majority
Alone.
Great Powers are Vested I'm the Jud-
iciary In Order That These May be
Administered Wisely and Well,
People Must Not Have Direct Con-
troll.
BY United Press Wire.


Taft this afternoon sent to congress
his message vetoing the resolution
admitting Arizona and New Mexico
to statehood, basing his objection on
the provision in the Arizona consti-
tuition making the judiciary subject
to the recall
The president vigorously denouno-
ed this proposed system as "pernic-
ious and destructive of free govern
ment."
The message in part follows:
"I return herewith. without my ap-
proval, the house joint resolution to
admit the territories OF New Mexico
and Arizona as states.
"If I sign this resolution, do not
see how can escape responsibility
for the judiciary recall of the Ariz-
ona constitution. This provision of
the Arizona constitution, in its APP
plication to county and state judges,
plication to county and state judges.
feet. so destructive OF independence
In the judiciary, so likely to subject
the rights of the individual to the
possible tyranny of popular majority
and. therefore, TO be so injurious to
the cause OF free government. that
must disprove n constitution contain
Ing It.
Government For All The People.
"Now, as the government is for all
the people. and not solely for ma
jority of them, the majority, in ex-
erclslng control, either directly or
through its agents, Is bound to eX-
ercise the power for the benelt of the
minority as well as the majority. But
all have recognized that the majority
OF the people, unrestricted by law
when aroused and without the sob
ering effect OF deliberatlon and dis
cusson. may do injustice to the min
| orlty or to the individual when the
| selfish interest of the majority
prompts. Hence, arises the neces-
sity for a constitution by. which the
will OF the majority shall be permit.
ted to guide the course of the gov.
ernment only under controlling
checks that experience has shown Il
be necessary to secure for the min
| prity Its share OF the benefit to thu
whole people that a popular govern
ment is established to bestow.
/ "'rhe executive and legislative
branches of our government are rep
resentatlve of the majority of the peo
I. pie which elected them, In guldini
the course of the government within
I, the limits of the constitution. Blu
the judicial branch OF the govern
ment is not representative of the ma
II nf In ~
] even IL the mode OF selecting Judge
Is by popular election. In a prope
sense. judges are servants OF the peo
pie. But they are not popular rep
| resentatives. On the contrary to III
ltheir office properly, they must b.
Independent. They must decide ever
lquestion which comes before them ac
cording to law and justice.
Power of the Judiciary.
I'm the early days some argue,
that whatever was done by the legis
lature was constitutional. But is wa
soon settled that 1t was the duty o
Judges to apply the law and 50 to de
clare what was the law, and II wha
lpurported 20 be statutory law wa
at variance with the fundamental Law
4 tht SttIIllnl
statute was not law at all. was no
binding on the courts. thf Individual
or any branhc OF the government an,
that II was the duty of the judges t.
so decide.
j This power conferred on the jud
iclary In our form of government 4
unique In the history of governments
and Its operation has attracted ant
deserved the admiration and com
mendation of the world. IT gives Il
our judiciary a position higher
stronger and more responsible thar
that of the judiciary OF any othe
country and more effectively secure
adherence to the fundamental will o
the people. ~~w~
Il Judges to fulhll their Functions
properly In our popular government
must be more Independent than II
any other form of government, ant
that need of independence Is creates
4 where the Individual Is one litigani
and the state, guided by the success
full and governing majority, Is tn
other. In order to preserve olrr con
stltutional balance, we must hav
Judges with courage To decide aRains