Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1911-08-25
Washngton
THE
JUDICIARY RECALL
IN VETO MESSAGE
President Declares Clause In
Arizona Constitution Would
Jeopardize the Courts.

washington, Aug. t6.-President
Taft in a special message TO the House
of Representatives today vetoed the
joint resolution providing for admission
Of New Mexico and Arizona to state
hood. His reason for exercising the
executive power of veto was based on
his thorough disapproval Of the recall
OF Judges clause in the Arizona con-
stitution.
The fact that New Mexico's statehood
was bound up with that of Arizona
meted out TO her the same fate, n
neither territory can come into the un-
ion at this time unless friends OF the
joint constitution In congress "a u
ter the two-thirds vote necessary TO
pass the resolution over the presidents
veto. THIS may be attempted.
The president did NOT spare words in
c~ondemning the recall feature of the
Arizona constitution. which he said,
would compel judges to make their de-
,cistons under legaliZed terrorism" The
recall provision would operate against
all elective officers of Arizona, includ-
ing both county and state judges. When
26 per cent Of the voters OF the previous
election petitioned for a special cleo
ton 70 remove AN official such an cleo
ton would be compulsory.
Uses Fierce Language.
This provision of the Arizona con-
stitution," the president says, 'in it's
application to county and state judges
seems to me so pernicious in its effect,
so destructive Of independence I'm the
judiciary, so likely to subject the
rights of the individual to the possible
tyranny Of popular majority and there
fore to be so injurious to the of
free government / must disapprove a
constitution containing it
Much OF the message was devoted to
a discussion of the functions of the
courts under the constitution. The
on the necessity for freeing the judi
ciary as much as possible from politics
or popular Influences. And referring
to the recall provision he asked;
Gould there be a system more In
g~eni0usly devised to subject judges to
~momentary gusts of popular passion
han this? !"
interest by the House, particularly be-
cause Of the presidents long associa-
ton with the judiciary.
Republicans Cheer Veto.
The message was read to the House
amid absolute silence. Then a storm
OF applause broke from the republican
side, The democrats remained quiet.
The message was referred to the terri
tories committee. The motion for re-
LCA CilCS VI tAt6 SldJGllOOu IthOtuIlOn ana
veto was made by Representative Flood
OF Virginia, chairman of the commit
tee on territories. The bill was re-
ferred without roll call.
A resolution providing for admission
of New Mexico and ARIZONA In accord
ance with the wishes of President Taft
as to the recall Of Judges wac intro
duced today by Senator smith of
Michigan, chairman of the committee
on territories. The resolution makes
obligatory the elimination OF the recall
feature Of the Arizona constitution.
Will Probe Stephenson.
The Senate today tool further preli-
minary steps towards Investigating the
election Of Senator Isaac Stephenson, Of
Wisconsin. 1t is understood the hear
ings Will begin next fall.
The committee on contingent ex-
penses authorized a favorable report on
the resolution of inquiry thus insuring
payment OF expenses The elections
committee authorized a substitute
committee of five to attend to detail
work.
A resolution providing for an investi-
cation of the election of Senator
Stephenson, was later adopted by the
Senate.
Controller Bay Again.
The Alaska Controller bay contro-
versy came to the front again today,
when Chairman Graham, OF the House
committee on expenditures in the in
terror department denounced In the
House as untrue charges that his COM
mittee had abandoned the investiga-
ton after allowing publicity to base
less scandalous" charges against adj
min~istration officials.
Bitterly characteriZing the famous
or infamous Dick to Dick letter as an
ordinary and stupid forgery" Repre-