Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-08-15
TIT SENDS VETO Of
STATEHOOD BILLS
RETURNs MEASURE TO CON.
oRESs AND NEW MEXICO AND
ARIZONA MUST WAIT.
JUDICIAL RECALL FEATURE
PERNicIouS AND DANGEROUS
Prssidsnt Argues That Judges Would
De Made Subssrvisnt to Whims Of
the Psopls-Attsn,pt Will es Made
by House 70 Pass Measure Over
Nsto-Two- Thirds Vote Required.

.
BY House 70 Pass Measure Over
Nsto-Two- Thirds Vote Required.
Washington. Aug. 15.-President
Taft. In a special message to the house
Of representatives., today vetoed the
Joint resolution providing for the ad-
mission Of New Mexico and Arizona to
statehood. His reason for exercising
the executive power of veto was based
on his thoro disapproval Of the recall
of judges clause In the Arizona con-
stitution. The fact that New Mexicos
statehood was bound up with that OF
Arizona meted out to her the same
fate. and neither territory can come
into the union at this time unless
friends of tho Joint resolution in con-
Rress can muster tho o-thirds vote
necessary to pass the resolution over
the presidents veto. This may be at
tempted.
Condemns Recall Featurs.
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 Ine
recall provision would operate against
all elective officers Of Arizona, includ-
Ing both county and state judges.
When o5 per cent Of the voters OF the
previous election petitioned for spe-
cial election to remove an official such
an election would be compulsory.
"rhis provision of the Arizona con-
stitution," tho president says. I'm its
application to county and state judges
seems to me 30 pernicious in its ef-
feet. 50 destructive Of independence in
the Judiciary, so likely to subject the
rights OF tho individual to the possible
tyranny OF popular majority. and
therefore, to be so Injurious to the
cause Of free government j must dls
approve constitution containing IT.
Free judiciary from Politics.
sNuch Of the message was devoted
70 a discussion of the functions Of the
courts under the constitution Vne
president dwelt at considerable length
on the necessity for freeing the 5udici-
ary as much as possible from politics
or popular influence. And. referring TO
the recall provision, he asked:
"Could there be system more IN
reniously devised to subject judges to
momentary gusts Of popular passion
chan this?'
rho measa1e was received with
great interest by the house. largely be-
cause Of the presidents long associa-
ton with the judiciary.
~ho -~a.iHort oavA in mart:
Says Il 10 Psrnioious.
"This provision Of the Arizona con-
stitution. in ITS application to county
and state judges, seems to me pernic-
ious in its effect. so destructive OF In
dependence in the judiciary, so likely
10 subject tho rights OF the individual
TO the possible tyranny Of popular
majority and, therefore, to be so in1ur-
ious to the cause Of free government
that I must disapprove constitution
containing it. am not now engaS aSed
in performing the office given me IN
the enabling act already referred to.
apnroyed June 20, 1910, which was that
of approving the constitutions ratified
nv the peoples OF the territories. 1t
may be argued from the text OF that
act that in giving or withholding the
approval under the act. my only duty
Is to examine the proposed constitu-'
tion. and II find nothing in 1t incon-
sistent with the federal constitution.
the principles Of the declaration Of in
dependence, or the enabling act. to
register my approval. But now I am
discharging my constitutional function
In respect 70 the enactment OF laws.
ana my discretion is equal to that Of
the houses OF congress. must there
fore withhold my approval from this
resolution If in fact I do not approve
II as a matter OF governmental policy.
OF course, q mere difference Of opin-
ion a. to the wisdom OF details in a
state constitution ought not to lead me
to set up my opinion against that OF
the people OF the territory. 1t is to be
their government. and while the pow
er OF congress to withhold or grant
statehood Is absolute, the people about
10 constitute a state should generally
know better the kind Of government
and constitution suited to their needs
than congress or the executive. But
when such constitution contains
something 80 destructive Of free gov
eminent as the judicial recall 1t should
be disapproved.
Government Of the People.
"a government is for the benefit Of
all the people. We believe that this
benefit Is best accomplished by popular
government because In the long run
each class OF individuals is apt to Sc
cure better provision for themselves
thru their own voice in government
than thru the altruistic interest Of
others, however intelligent or philan-
thropic. The wisdom Of ages has
taught that no government can exist
except in accordance with laws and
unless the people under 1t either obey
the laws voluntarily or are made to
obey them. In popular government
the laws are made by the people-not
by all the people-but by those sup
posed and declared to be competent for
the purpose, a. males over 81 years Of
age, and not by all Of these-but by a
majority Of them only. Now. as the
government Is for all the people. and
II not solely Tor majority os ..e:::.
the na3ority in exercising control