The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-08-16
STATEHOOD BILL
WAS VETOED BY
PRESIDENT TAFT.
RECALL OF JUDGES IN MEASURE
MEETS WITH PREsIDEN-
TIAL. DIsAPPRoVAL.
President Taft Goes Into Full Reasons
Why He Cannot Indorse This Meas
ure, Passed Recently by National
Congress.

NOn9reSS.
Washington, Aug. 15.-President
Taft's first important veto message
disappearing the joint resolution pro-
viding for the admission into the I'm
ion of Arizona and New Mexico was
sent to the house of representatives
today. The presidents disapproval is
directed only at Arizona, in whose
constitution is a clause providing for
the recall of all elective officers, in
Guiding judges, but New Mexico suf-
fers also, for both territories are cou-
pied together in the resolution. The
president already has approved the
constitution of New Mexico, but fur
ther legislation will be necessary to
have either territory admitted at this
session of congress, unless both the
senate and house pass the present
resolution over the presidents veto.
That the veto may be overridden,
in the house is not unexpected. but
as to its fate in the senate there is
much doubt.
The president devoted his whole
message to discussion of recall of
judges. Himself a Judge for many
years, he speaks with evident feeling
of proposal which he regards with
an unconcealed disapprobation.
Recall Provision is Pernicicus.
IF I sign this joint resolution" he
said, Il do not see how l can escape
responsibility for the judiciary recall
of the Arizona constitution. This pro-
vision of the Arizona constitution in
its application to comfy and state
judges, seems to me SO pernicious in
its effect, so destructive of independ- :
ence in the judiciary, go likely to sub
ject the rights of the individual to the
possible tyranny of popular Judiciary
and therefore so Injurious to the
cause of free government, that l must
disapprove constitution containing
it,"
Explaining the recall as written in
the Arizona constitution the president
declares that six months after election
all judges, county and state, may be
forced to go before the people at a
new election when a petition askine
Tor his recall has been signed by cleo
torates of 20 per cent. of the total
number of votes cast for all candi-
dates for the office at the previous
general election. Within five days
after the filing of the petition the Of
llcial may resign. Whether he does
or does not resign, an election in
which his name figures is to be held.
The petitioners may print on the bal
rot 200 words showing why they dis
approve of the official and he may
also defend himself within the same
limits. If he receives the highest
number OF votes he is retained in Of
flee. If not, he is removed and he
who did receive the highest number
is put in his place.
In making his veto the president
says that he is discharging his con-
stitutional function in respect to the
enactment of laws and declares that
his discretion "is equal to that of
the houses of congress-"
"Of course he continued, "a mere
difference of opinion as to the wis
dom of details in a state constitu-
tion ought not to lead me to set I'D
my opinion against that the people
of the territory. It is to be their gov
ernment, and while the power of con-
gress to withhold or grant statehood
is absolute, the people about to con-
stitute a state should generally know
better the kind Of government and
constitution suited to their needs than
congress or the executive. But when
constitution contains something so
destructive of free government as the
judicial recall, it should be disap-
proved"
Theory Of Popular Government.
Explaining the theory of popular
government, Mr.. Taft shows that
while government such as this is by
majority-of all who enjoy suff-
rage-it is also government of the
whole people conducted by that ma
1ority under such rules and checks
as will secure wise, just and bene-
fetal result.
The truth Of the maximum that the
people can be trusted to do right, the
president admits, IL all the people. so
agreeing are meant, that majority
can also be trusted. be does not be.
lieve. Therefore. he saws. const. t,l
t'"ns are devised to check hasty ac-
tion by tie majority.