Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-08-18
Miseellaneuus &eaaina.
RECALL OF JUDGES.
Why President Taft Vetoed Joint
Statehood Bill.

| SIdtCHoOo oiis
| Washington, August 15.-President
Taft, in a special message to the house
of representatives today, vetoed the
joint resolution providing for the ad-
mission of New Mexico and Arizona to
statehood. His reason for exercising
the executive power Of veto was based
on his thorough disapproval Of the re-
call Of judges clause. in the Arizona
constitution. The fact that New Mex
ico's statehood was bound up with that
of Arizona meant the same fate for 1t,
and neither territory can come into the
Union at this time unless friends Of
the joint resolution in congress can
muster the two-thirds vote necessary
to pass the resolution over the presi-
dents veto. This may be attempted.
The president did not spare words
in condemning the recall feature Of the
Arizona constitution, which he said
would compel judges to make their de-
cisions under legalized terrorism"
The recall petition would operate
against all elective offices Of Arizona,
including both county and state
judges. When 25 per cent Of the vot-
ers of the previous election petition
ed for the special election to remove an
official, such an election would be
compulsory.
This provision of Arizona's con-
stitution," the president says. "in its
application to county and state
judges, seems to be so pernicious in
its effect, so destructive Of independ-
ence in the judiciary, so likely to sub
ject the rights Of the individual to the
possible tyranny Of a popular major
ity and therefore to be 80 injurious to
the cause of free government, must
disapprove a constitution containing
It,"
The message was received with great
interest by the house, largely because
of the presidents long association
with the judiciary.
The president devotes his whole
message to a discussion Of recall Of
judges. Himself judge for many
years, he speaks with evident feeling
of a proposal which he regards with
unconcealed disapprobation.
IF 1 sign this joint resolution" he
said, Il do not see how I can escape
responsibility for the judiciary recall
Of the Arizona constitution. This pro-
vision of Arizonas constitution in its
application to county and state judges
seems to me so pernicious in its ef-
feet, so destructive Of independence in
the judiciary, so likely to subject the
rights of the individual to the possible
tyranny of a popular majority and
therefore, to be so injurious to the
cause of free government, that I must
disapprove a constitution containing
it."
Explaining the recall as written in
the Arizona constitution, the president
declares that six months after election
any Judge, county or state, may be
forced to go before the people at a
new election, when a petition asking
tors equal to 25 per cent of the total
number Of votes cast for all candi-
dates for the office at the previous
general election. Within five days af-
ter the filing of the petition the off,
cial may resign Whether he does or
does not resign an election in which
his name figures is to be held. The Pc
titioners may print on the ballots 200
words showing why they disapprove 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 office. 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 consti-
tutional function in respect to the en-
actment 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 wisdom
of details in state constitution ought
not to lead me to set up my opinion
against that of the people of the terri
tory. 1t is to be their government and
while the power Of congress to with
hold or grant statehood is absolute,
| the people about to constitute a state
should generally know better the kind
of government and constitution suit
ed to their needs than congress or the
ton contains something so destructive
of free government as the judicial re-
call, it should be disapproved."
| Explaining the theory of popular
government, Mr.. Taft shows that while
government such as this is by a major
ity-of all who enjoy suffrage-it is a
government of the whole people con-
Quoted by that majority under such
rules as will secure a wise, just and
beneficial result. The truth of the
maxim that the people can be trusted
to do right, the president admits if all
the people, all agreeing are meant, but
that majority can always be so trust
ed he does not believe. Therefore, he
says constitutions are devised to check
hasty action by the majority.
The division of government into
three separate branches" says the
president, the legislative to make the
laws, the executive to execute them
and the judicial to decide in cases
arising before it the rights of individ-
uals as between him and others and as
between him and the government, has
always been regarded as a great Sc
curity for the maintenance of free in
stitutions, and the security is only firm
and assured when the judicial branch
is independent and impartial. In a
proper sense judges are servants of the
people; but it is not work in the doing
of which they are to follow the will
of the majority except as that is en-
bodied in statutes lawfully enacted
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