Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-08-16

Ii / signed this joint resolution, dc
not see how | can escape responsible
" for the judicial recall of the Ari-
zona constitution. The joint resolu-
tiOn admits Arizona with the judicia
recall but requires the submission OF
the question of its wisdom to the vot-
ers. In other words the resolution
approves the admission of Arizona
with the judicial recall. unless the vot-
ers themselves repudiate it.
| Under the Arizona constitution, al
elective, officers and this includes
county and state judges, six months
after their election, are subject to the
recall. 1t is initiated by a petition
signed by a number Of the electors
equal TO 25 per cent of the total num-
! Der of votes cast for all the candidates
for the office at the previous general
! election. Within five days after the
petition is filed the officer may re-
sign. Whether he does or not. an
election ensucs, in which his name, II
| he does not resign, Is placed on the
ballot with that of all other candi"
atesd
The petitioners may print on the
official ballot zoo words showing their
reasons for recalling the officer, and
he is permitted to make defense In
the same place in 200 words. If the
incumbent receives the highest num-
her of the votes, he continues In his
office; il not, he is removed from Of
flee and succeeded by the candidate
who does receive the highest num-
| hPr
This provision Of the Arizona con-
stitution, in its application to county
and state judges seems to me pernici-
ous In its effect, as destructive OF In
dependence in the judiciary, 50 like
ly to subject the rights of the indi-
vidual to the possible tyranny of a
popular majority and, therefore, to be
injurious To the case of free govern
ment, that l must disapprove q con-
stitution containing it.
| am not now engaged in perform
ing the office given in the enabling
act already referred to, approved June
90, 1910. which was that of approx
I ing the constitutions ratified by the
peoples of the territories. 1t may DE
argued from the text Of that act that
| in giving or Withholding my approv-
al under the act, my only duty Is TO
examine the proposed constitution,
and if [ find nothing in 1t inconsist-
| ent with the federal constitution, the
principles of the declaration of inde-
| pendence or the enabling act, 10
register my approval
But now, | am dischargin" my con-
| stitutional function in respect to the
| enactment of laws, and my discretion
is equal to that of the house of coug-
ress. | must therefore withhold my
approval from its resolution If, In TACT,
| | 10 not approve ii as matter Of
governmental policy
OF course q mere difference oi
| opinion as to details in u state cor-
stitution ought not to lead me tc set
UP my opinion against that of the peo-
| pie of the territory. 1t Is to be laeit
| government. and while the power oi
| congress to withhold or grant state
hood is absolute. the people about -
| constitute a state should gener1i!v
know better the kind Of government
and constitution suited to their nceus
than congress or the executive.
But when such q constitution cnn-
tains something so destructive OF Tree
government as the recall, 1t should be
| disapproved.
A government is for the teneii. of
|
| fit is best accomplished by popular
government, because in th5 lons runs
each class of individuals is apt to Sc
cure better provision for themselves
through their own voice In gojern-
ment than through the altruistlc IN
| torest of others, however, Intelligent
or philanthropic.
The wisdom of ages has taught tha'
no government can exist c.tcept III dc-
cordance with laws, and u1iess the
people under il either obey the laws
voluntarily or are made to obey ,heni'
| In a popular government tne laws are
made by the people-not by all thee
people-but by those sup )jed ana
declared to be competent for me pur-
pose, as males, over Il years of age
and not by all of these--but by u me-
! iority of them only.
| Now as the government is for all
tho people and is not solely for q
majority of them, the majority III
exercising control either directly or
through its agents, Is bound to eX-
| ercise the power for the benefit OF
the minority as we'll as of the ma
iority. But all have recognized that
the majority of people, unrestralneo
| by law. when aroused, and when
without the SOLDERING effect of dellD-
Grafton and discussion, may do in1us-
| tice to the minority or to the indi-
yidual. when the selfish interest of the
majority prompts.
Hence arises the necessity for a
constitution, by which the will Of the
majority shall be permitted to guide
tho course of the government only