Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-08-15

, ice and Arizona as states into thc
union oH an equal footing with lur
original states
Congress hN au enabling act ap
proved June 20. 1910 provided ior inc
calling ul constitutional convention
in each ui these territories the sub.
mission ut the constitution proposed
hN the convention to the electors ol
thp TERRITORY th- approval o' the CON-
-tltution bt the president ana con
gross tho proclamation of The fact by
The president and the election of state
Officers Both ih Arizona aud New
Mexico conventions have been held.
constitutions adopted ratified los the
people aul submitted .u The president
ANA tu congress
have approved the constitution cot
New Mexico aud 30 did me house ui
representatives al the SiNty.hist con.
gress The senate. however. milcd 10
take action upon &c.
I have moi approved thc Arizona
constitution nor have hr tvo houses
oi congress, eXcept as ,hey have done
70 by the ioint resolution under con
sidcratlon
Tue resolution admlt- t0ih ioFfitof
les tO statehood with their cun-titu-
lions uH condition tnat 10 the time
ot tbD election OF the state officers
| NCN Mexico shall submit to ms clcc.
tors ar amendment to it, new cousti.
tuition modifying ana altering it- pro.
vision for future amendments. and ul,
.ua 'Wth ronditiOI thar Arizona
shall submit 20 its electors at the timo
OF election ol its state officers. pro.
posed amendment 10 &C.. constitution
ON which judicial officers shall Op cN.
ccpt,d Eou tho section permitting q
ocall o dll elective officers
% si4u This Joint resolution ! lo
mo-. .oa hoR { can escape responsible
| li'I iDr tHo judicial recall ui th, All.
loug constitution The ioiat rrsolu.
ion admits Arizona with Tho judicial
recall hp' requires thc submission oi
thu question ui Co., wisdom 90 the yot-
crs. u other words. the resolution
approve th, submission OF Arizona
with lhr judicial recall, unless lhc yot
or- themselves rcpudlatc t
Under Dc ArilCua constitution ull
elective officers, ald this INCLUDES
county ANA state iudgcs. siN months
aityr thcir election ar, subject tu tuc
recall 90 be- Initiated hN q petition
sipn.d bf electors equal io 20 pc. cont
Ot the toa. number 1t votes cast Tor
all The candidates Tor thr Office at me
previous general election Within
five DAYS after th, petition is filed.
the uiiir r may resign Whether he
does or MOI. un election cnsue5 In
" hich his uuuv. % Boz. does uot rrairu.
is placed ON the ballot Aith tnat of au
other candidate.
The petitioners may W.nt ON the
official ballot POO words showing the.r
reasons for calling tuy officer. aud he
is permitted 90 mako defense iu thr
same place iu .Ou words II iho iu-
cnmbent receives tb, highest mum
hcr oj the votes. hp continues iu his
office 10 not he Be- removed fum oi
nee aud succeeded D, tuc candidate
Nho does receive fhp highest number.
This provision ui ihv Arizona con.
-titutlOn In ~ application Iu county
and state Iud-cs seems tu me urru,Cil-
ou- in its effect. so destructive ut m-
Deepen tenCo in the Judiciary. so likely
To subject the rights ut the individual
20 the possible tyranny OF popular
maiuHty and therefore. to be- inmUi-
uus 10 The cause Ot trc, government
thar ! must lisapproyo constitution
containing
am nor nov engaged u perform.
ing the office given in the enabling
act already referred 10. approved June
2n. 1910 which was thar of approving
The constitutions ratified by tho peo.
pie OF the territories n NAV he
argued 'ron the tex, az that aci that
~ giving or Withholding the approval
unier the act. my duty rs no examine
he proposed constitution. ami II I
find nothing lu it inconsistent with
the federal constitution the principle
OF the Declaration of Independence. or
The enabling act, 20 register my ap.
prOVal
But nov ! am dischargne m, con.
stilutiOnal tune, ion IA respect 10 the
enactment OF laws ana my discretion
is equal tO hat at the house OF con.
gross must therefore withhold ny
approval rom its resolution NJ. In
fact I do NOT approve "a az q matter ut
governmental pOhc,
OF course, mere difference of opin
ION as tu details In state constitii-
lion ought not 20 head me 90 set up
my opinion against that of the people
ot the territory II is to be their euN.
ornmenl and while the power of con.