Holbrook argus., 1911-09-05
TAFT AND THE
 RECALL OF JUDGES

President Iatt's opposition to the Arizona constitution IS based entirely on his objection to the recall ofjudges. His objection to this provision is so great that he is not willing to leave the ques- tion to be acted upon by the peo- pie at the first election. Even tho- ugh he knows that the people of Arizona can reinstate the provis- ion immediately after they secure statehood he insists that they must eliminate the provisition be- for coming in. His veto raises two questions: First, the right of a state to make its own constitu- ton, and, second, merits of the recall as applied tojudges. Many senators and members of con- gress who look with disfavor on the recall voted for the Ari- zona-New Mexico resolution be- cause, believe the states should be permitted to frame their cOnsti. tutio ms to suit themselves. They were not willing to deny state hood to Arizona merely because she saw fit to include a constitu- tional provision that Oregon al- ready has and that any state is free to adopt. The president, how ever, has no such respect for the rights of the states; he takes Hamiltonian view rather than the Jeffersonian view, aad does not hesitate to use the veto to in force hiso view upon Arizona. This is likely to give him some trouble during the coming cam paign, altogether it will effect few votes compared with the number affected by the reasons given by him for opposing the recall.
 The veto message presents, with considerable elaboration his agre- ments against the recall as ap- piled to judges. He does not say whether he is still opposed to the initiative and referendum it Will be remembered that he went all the way to Oklahoma four years ago to oppose these reforms he does not say whether he op- poses the recall as applied to other officials-rests his case en- tirely upon the objections which he presents to the recall as ap- piled to judges. He remarks, incl dentally that insufficient time Is given for deliberation and for the subsiding of passion, but it is only fair to assume iron his lan- guage, that he would oppose the recall of judges NO MATTER HOW MUCH TIME WAS CIV EN FOR INVESTIGATION DE- LIBERATION. His veto message will stand or fall upon tie judg- ment ultimately rendered by the peopre on the recall as applied to judges. What are the presi- dents objections? The principal objections is that it, in his jud- ment, will rob the judge of his independence to have this sword of Damocles" hanging over him. He suggests that "self-respect- ing" men might refuse to accept judicial positions if subject to the recall. This is really an as
 sault upon the popular election of judges, for every judge who holds office by election is liable to recall at the end of his term
 may be influenced by the fear oi being retired because of an un
 popular decision. If lndepend. ence of the wishes of the people is the one thing to be desired ir judge and that is destroyed by the recall then there is but one remedy, namely, AP POINT
 MENT FOR LIFE. That is the alternative, and Mir. Taft has not yet attacked the life tenure of appointive judges as danger ous to the country. He was, 1T fact a federal i,1doe with a Tiff