The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-08-15
An Untrammeled Judiciary
Is Cornerstone Of Good
Government He States in
Veto to the Measure.
PEOPLES WILL is
NOT ALWAYS SOUND
In Denying Statehood to
New Mexico and Arizona,
He Says He Did So to Per-
petuate Free Government.
(National News Assoeiation)

| (National News Assoeiation)
WASHINGTON, Aug. 15.-Declarine
it his duty to disapprove the judicial
recall clause of the Arizona constitu
ton. and asserting that IAN untram.
meled judiciary is the cornerstone OF
good government President Taft to.
day sent to the house OF representa-.
tives his veto message on the Arizona.
New Mexico statehood measure.
President Taft vigorously condemns
any legislation that would place re.
strictions upon the judiciary, declar.
ing the majority of voters cannot al.
ways be trusted to decide questions of
moment for all the people, especially
under passion Immediately following
an unpopular decision. He asserts the
recall is ''pernicious in effect; destruc-
tive Of the independence of the Judi
ciary and is injurious to the cause OF
free government
THE MESSAGE IN PART
The veto message in part is as fol-
lows:
II sign this joint resolution do
not see how can escape responsible
ty for the judiciary recall OF the Ari-
zona constitution
After explaining the operation of
the proposed recall the message con-
tinued:
This provision Of the Arizona con.
stitution In its application to. county
and state judges, seems to me go per-
nicious in its effects, SO destructive In
independence In the judiciary. SO like
ly to subject the right of the individ-
ual to the possible tyranny of the popu-
lar majority, and there, to be SO in
furious to the cause Of free govern
ment that I must disapprove the con-
stitution containing. it.
Present judiciary Strong.
Judges are servants of the people,
they are doing work which must be
done for the government, and in the
interest of all the people but it is not
work in the doing of which they are
to follow the will Of the majority, ex-
lcept as that is embodied in statutes
lawfully enacted according to consti-
tutional LIMITATIONS. This power is a
judicial power. imposed by the people
on the judges by the written constitu-
tion. 1t is to our judiciary that holds
la position higher, stronger and more
responsible than that of any other
country, and more effectively secures
adherents to the fundamental will of
the people.
Judges. to fulfill their functions
properly in our popular government,
must be more independent than in any
other form of government, and that
need of independence is greater where
the individual is one litigant, and the
state, guided by the successful and
governing majority is the other.
by the recall in the Arizona con-
stitution it is proposed to give to the
majority power to remove arbitrarily
and without delay. any Judge who may
have the courage to reEdc- an unpopu-
lar decision.
Would Put Rabble in contrsl.
Gould there be system more IN.
geniously devised to subiecs judges
to the momentary gusts Of popular
passions than this? On the instance
of an unpopular ruling. while the
spirit of protest has not had time to
cool and even while an appeal may be
pending from his ruling, In which he
may be sustained, he is to be hauled
before the electorate as a tribunal
with no judicial hearing. evidence or
defense and thrown out of office and
disgraced for life because he has fan-
ed in a single decision to satisfy the
popular. demand.
Think of the opportunities such
system would give to INSCRIPTIONS
been in control, not only of conven-
tions, but of elections The motive it
would offer to INSCRIPTIONS combina-
tions to seek to control politics in or
der to control the judges is clear The
character of the judges would deter
iorate to that of trimmers and time
servers and Independent judicial action
would be thing of the past.
Courts Cornerstones Of y. 8.
But it is said that the people OF
Arizona are to become an independent
state when created. and even il we
strike ont judicial recall now, they
can re-incorporate 1t in their constitu-
ton after statehood.
To this ! would answer that In
dealing with court which is the cor
nerstone Of good government, and in
which not only the voters, but the nons
voters and non-residents have deep
interest as security Of their right Of
life. liberty and property, no matter
Continued on Page Eight)