New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-16
PRESIDENT CONDEMNS
RECALL OF JUDGES
His Veto of Statehood Bill a
Sweeping Arrangement Of
Radical Proposal.
%EGALIzED TERRORISM
Message Explains How Minority
Is Protected by the Judici-
airy Freed from
Politics.

washington. Aug. 15-President Taft. in
a special message TO the House Of Repre-
sentatives to-day vetoed the joint resoli-
ton providing for the admission II New
Mexico and Arizona to statehood His rea-
son for exercising the Executive power of
veto was based on his disapproval of the
recall Of Judges clause in the Arizona con-
e.,+rtion. The fact that New Mexico
statehood was bound up with that of Ari-
zona melted out 10 her the sans fata.
tn. President did not spare words in
condemning the recall feature Of the All
IONA constitution. which. he said, would
cor,pel Judges 10 make their decisions
under lezalzed terrorism" The recall
provision would operate against all elective
officers Of Arizona including both county
and state Judges. When 25 per cent of the
voters Of the previous election petit.oned
for a special election 10 remove an official
-ucn an election would be compulsory.
This provision Of the Arizona constitu-
ton" the President says, in its spplica-
ton 10 county and state judges seems 10
re so pernicious IN It's effect. so destruc-
tive OF independence in the judiciary, so
likely 70 subject the rights OF the indivtd-
ual - the possible tyranny OF a popular
majority. and therefore TO be so injurious
10 the cause OF free government that
must disapprove a constitution containing
H."
Much Of the message was devoted 70 a
discussion OF the functions Of the courts
under the constitution. The President dwslt
~ length on the necessity for freeing the
judiciary as much as possible from poll
tics or popular influence. and, referring 10
the recall provision, he asks.
could there be a system more ingenious
Is devised TO subject judges to n0omentary
gusts Of popular passion than this
The Presidents Message.
he message was received with great in
tsrest by the House. largely because of the
Presidents long association with the iu-
dietary. The document in fun follows;
10 the House Of Representatives
/ return herewith. without my appIg, -,
House Joint Resolution No. H. 10 aGnll.
the territories Of New Mexico and Arizona
as states into the Union on an equal root
ing with the original states. .s
. congress. b. an enabling act approved
.Tune - 1910, provided for the calling OF
CONSTITUTIONAL convention IN each OF these
territories. the submission OF the consttu-
ton proposed by the convention to the
ne constitution by the President and Con
vress, ~. rroclamation of the fact By the
President and the election Of state oflcers
Both IN Arizona and New Mexico conVen-
tons have been held. constitutions adopted
md ratified hv the people and submitted
70 the President and Congress. I nave ap-
proved the constitution OF New Mexico ana
go did the House OF Represent atlyes OF ins
s1st Congress The Senate. however, failed
% take action upon u. l have not ap-
proved the Arizona constitution. nor nave
the two houses of Congress. except as they
A~A~z n q Tfs4r
consideration The resolution admits both
territories y statehood Win their consti-
buttons on condition that n the time Of the
election Of state officers New Mexico SHAH
submit 10 It's electors an amendment 70 its
new constitution, altering and modifNlng
its provision for future amendments ana
On the further condition that arizona sh i7I
submit 70 SIS electors. a. the time or the
election of its state officers. a proposed
amendment 70 It's constitution by "hlth
judicial officers shall be excepted from the
section permitting a recall OF all elective
officers
II sign this Joint resolution DO not see
Row I can escape responsibility for the
judicial recall Of the Arizona constitution
The foint resolution admits Arizona with
The judicial recall. but requires the SUD
mission of the question or its wisdom 10
the voters In other words, the resolution
approves the admission of Arizona with the
judicial recall. unless the voters them
selves repudiate II. Under the Arizona con
s1tution all elective officers and this IN
cludes county and state Judges, six months
after their cleo don. are subject 70 the re-
call Z is initiated by a petition signed by
electors equal 20 % per cent OF the total
number Of votes cast for all the candidates
for the Office az the previous general cleo
ton Within Eve DAYS after the petition Is
fleA the officer may resign. Whether he
does or not. An election ensues IN which his
name, y he does not resign. is placed on
The ballot with that of all other candidates:
The petitioners may print on the official
ballot two hundred words. showing their
reasons for recalling the officer and he IS
permitted 70 make defence in the same
place I'm two hundred words. If the incum-
hent receives the highest number OF the
votes he continues In his office; II not he is
removed from Office and Is succeeded by
the candidate who does receive the highest