The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-08-18

! ion at this time, unless friends Of the
Joint resolution in congress can mus
ter 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 officers Of Arizona,
including both county and State
judges. When 25 per cent of the Vot-
ers of the previous election petitioned
for special election to remove an
official, such an election would be COM
pulsory.
"Pernicious in its Effect"
"This provision of the Arizona con-
stitution," the president says, "in its
application to county and State
Judges seems to me so pernicious in
it's 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 majority,
~ hn inS1
the cause of free government, I must
disapprove a constitution containing
it, .
The message was received with
great interest by the house, largely
because Of the presidents long con-
nection with the judiciary. The docu-
ment is as follows:
eff I sign this joint resolution he
said, "I do not see how I can escape
responsibility for the judiciary recall
of the Arizona constitution. This pro-
vision Of the Arizona constitution, in
it's application to county and State
judges, seems to me so pernicious in
it's effect, so destructive of independ-
ence in the judiciary, so likely to sub
iect the rights Of the individual to the
possible tyranny of a popular major
ity, and, therefore, to be so Injurious
to the cause Of free government that
I must disapprove a constitution con-
tanning it,
Explains Recall Provision.
Explaining the recall as written in
the Arizona constitution, the president
declares that six months after election
all judges, county and State, may be
forced to go before the people at a
new election, when a petition asking
for his recall has been signed by elec-
tors equal to twenty-five per cent. OF
the total number Of votes cast for all
candidates for the Office at the pre-
vious general election. Within five
days after the filing Of the petition,
the official may resign. Whether he
does or does not resign, an election in
which his name figures is to be held.
The petitioners may p It or the bal
lots two hundred words showing why
they disapprove Of the official and he
may also defend himself within the
same limits. If he receives the high
est 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 constl-
tutional function in respect to the en-
actment Of laws, and declares thai
his discretion "is equ:. to that OF the
houses Of congress"
Won't Lend His Aid.
"Of course he continued. ga mere
difference of opinion as to the Wis
dom of details in State constitution
ought not to lead me to set up my
opinion against that Of the people o1
the territory. 1t is to be their gov
ernment, and while the power OF con-
gress to withhold or grant Statehood
is absolute, the people about to con-
stitute that State should generally
know better the kind of government
and constitution suited to their needs
than congress or the executive. But
when such a. constitution contains
something so destructive Of free gov
s4So