Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1911-08-18
4 ARIZONA AND THE DEMOCRATIC
POSITION.

1t is not because the Democratic
party advocates the recall of judges
that it opposes the position Of the Pres
ident in vetoing the admission Of Ari-
IONA as a state because it has been
provided in the state constitution that
the people shall exercise that preroga-
tive.
Many of the leaders of the Demo
cratic side of Congress, including Sen
ator Bacon of Georgia, have expressed
themselves as opposed to the principle
that the president so yehemently and
vigorously objects to. They do not
endorse the position the Arizona con-
stitution makers assumed in writing
this feature into the fundamental law
of the proposed commonwealth. But
at the same time they recognize the
right of the people Of a state to sub
ject the judiciary, as well as other
officials, to the recall policy, if they
see fit so TO do.
Standing fat-footed for the preser-
walton of the undelegated rights of a !
state. which are the basis of home
rule in every state in the Union, the
Democratic representatives at Wash
ington declare that Congress has mol
right to refuse admission to a state as
long as its constitution is not in con-
fiict with the national constitution !
There is nothing in the national COM
pact that declares against the recall Of
the judiciary There is nothing in it
that conflicts with the right of the
people of any state to subject their
judges to this crucial test if they SO
see fit. 1t is not denied that the cit
liens of any of the existing states can
adopt such a policy now if they desire
TO do so. In Georgia, for instance, fl
a sufficient number of voters favor I'll
the state constitution could be amend
ed so as to subject every judge in the
states service to recall at the hands of
the people at any time. The wisdom
of such an act on their part might
well be called into question, but Of
their right in the premises there seems
to be absolutely no dispute.
President Taft, having served in the
Federal judiciary, having the judicial
cast of mind thoroughly developed,
naturally looks with a hostile eye on
anything that tends to destroy the in
dependence of the judiciary, that
makes them amenable to passing gusts
of popular frenzy, to anything that, to
quote from the language of his veto
sanctions legalized terrorism" His
strong feeling against the recall fea-
ture of the Arizona constitution IS
doubtless thoroughly justified, but
/ because he realizes the dangers that
! lie in this feature of the state cOnsti-
tuition does not, in the minds of the
| Democratic members of Congress,
render any less the right of the peo-
Iple of Arizona to adopt such an eXped-
lent if they deem it advisable.
1t is to be regretted, of course, that
the voters of Arizona, or their political
! leaders, have seen fit to provide that
| judges shall be subject to a recall cleo
| ton whenever twenty-five per cent Of
| the voters take offence at their official
or personal acts. 1t is undoubtedly a
serious menace to the character of
the bench. AS the President says, it
may we'll prevent men of a high sense
of honor, men anxious only to deal
Justly with all questions presented C
them, from becoming candidates for
Ijudgeships. Yet, acknowledging the
correctness of the Presidents cOnclu-
Isions as to the evils that may attend
the recall of judges, it would still
Iseem that the Democratic congress-
men have taken the correct stand and
that if the people of Arizona wish tc
Iengulf themselves in the misfOrtunes
that are likely to attend the recall
system applied to the judiciary they
are simply exercising their rights. Nc
one questions that President Taft feels
that high sense of duty to the entire
country compelled a veto. yet the Dem.
Ocratic attitude seems more soundly
based than his.