The evening times., 1911-08-18

President Taft's special message t.
congress vetoing the New Mexico
Arizona joint statehood resolution i.
as follows:
To the House of Representatives,:
l return herewith, without my ap
proval. house joint resolution No. IA
Ito admit the territories of New Mex.
leo and Arizona as states into the un.
ion on an equal footing with the orig.
inal states"
Congress, by an enabling act ap.
proved June 20, 1910, provided for the
calling of constitutional convention
in each Of these territories, the sub.
mission OF the constitution proposed
by the convention to the electors OF
the territory the approval of the con-
stitution by the president and con.
gress. the proclamation of the fact by
the president and the election of state
officers
Both in Arizona and New Mexico
conventions have been held. constitu.
tions adopted and ratified by the peo-
pie and submitted to the president
and congress. have approved the
constitution of New Mexico. and so
did the house of representatives of
the SiNty-tirst congress. The senate,
however. failed to take action upon it.
| have not approved the Arizona
constitution. nor have the two houses
of congress, except as they have done
so by the joint resolution under con-
sideration.
The resolution admits both terri
tutions on condition that at the time
OF the election of state officers New
Mexico shall submit to its elecors an
amendment to its new constitution
altering and modifying its provision
for future amendments, and on the
further condition that Arizona shall
submit TO its electors at the time of
the election of its state officers a pro-
posed amendment to its constitution
by which judicial officers shall be ex-
cepted from the section permitting
recall of all elective officers.
If l sign this joint resolution. do
not see how l can escape response
bility for the judicial recall of the
Arizona constitution. The joint reso-
luton admits Arizona with the Judi
cial recall. but requires the submis-
sion OF the question of its wisdom to
the voters In other words. the reso-
luton approves the admission of
Arizona with the judicial recall. un-
less the voters themselves repudiate
it.
Under the Arizona constitution all
elective officers. and this includes
county and state judges. six months
after their election. are subject to the
recall. 1t is initiated by petition
signed BY electors equal TO twenty
i've Per cent OF the total number Of
votes cast for all the candidates for
the Office at the previous general
election. Within five days after the
petition is fled the officer may re-
sign. Whether he does or not. an
election ensues in which his name.
II he does not resign. is placed on the
ballot with those of all other candi-
dates.
The petitioners may print on the
official ballot 200 words showing their
reasons for recalling the officer. and
he is permitted 10 make defense in
the same place in 200 words. If the
incumbent receives the highest num-
Der OF the votes, be continues in his
Office: if not. he is removed from Of
ice and is succeeded by the candi-
date who does receive the highest
This provision OF the Arizona con-
stitution, in its application to county
and state judges. seems 10 NE perni-
cious in its effect. so destructive of
independence in the judiciary, so like
ly 20 subject the rights of the indi-
Tlduai 10 the possible tyranny of
popular majority, and. therefore. TO
be 50 injurious 10 the cause of free
government that I must disapproye q
constitution containing it,
l an not nov engaged in perform
ing the Office given He in the enabling
act already referred TO, approved
June 20, 1910. which was that OF aD-
proving the constitutions ratified by
the peoples Of the territories. II may
be argued from the text Of that act
that. in giving or Withholding tine ap-
proyai under the ac,, my only duty
is TO examine the proposed consu,u-
tion. and i fnd nothing in j. incon-
= H7N-SiS N-L-4 iAS iCAC1 eI IbEstliu
The principles Of ths Declaration of
Independence. or the ena bling act, to
register my approval.
But noH l am discharging my con-
stitutioEal function in respect TO the
enactment of laws, and my discretion
is equal 10 that OF the houses Of con-
gress. must therefore withhold my
approval from this resolution if. IN
fact, l do not approve il as a matter
OF governmental policy.
4. e
OF course mere difference of opin-
ion as 10 the wisdom OF details in a
state constitution ought not to lead
me TO SGT Up M opinion against that
OF the people Of the territory. It is
TO be their government, and, while
the power Of congress 10 withhold or
grant statehood is absolute. the peo-
pie about TO constitute a state should
generally know better the kind OF
government and constitution suited TO
their needs than congress or the ex-
ecutive- Btt when such constitu-
ton contains something SO destruc-
tive OF free government az the iudf-
cial recall it should be d;sapproyed.
A government is for the benefit OF
all the people. We beIis.e that this
benefit is best accomplished by popu-