New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-02-08
tPIZONA'.S FOLLY.

The people Of Arizona will vote to-
morrow to accept or reject the freak
state constitution which has been sub
mitted 10 them. 1t seems clear that II
they ratify it they will only invite a
clash with the federal government which
will delay Arzona's admission into the
Union for several years to come. The
conditions of admission laid down in the
enabling act approved June 20 1910
were peculiar. 1t was provided in that
act that the constitution adopted should
he submitted TO the President of the
United States and TO Congress for APP
proval and should obtain the positive
assent Of the President and either the
positive Or negative assent Of Congress
before state officers could be chosen ana
a state government instituted The ex-
act language Of the law is:
And II Congress and the President APP
prove said constitution and the said
separate provisions thereof. or If the
President approves the same and Con-
gress fails to disapproVe the same dur
ing the next regular session thereon, then
and in that event the President shall
Arizona. who shall. within thirty days
after the receipt Of said notification from
the President Of the United States, issue
his proclamation for the election of the
state and county officers, etc
At the earliest The President appar-
emily cannot send notification of APP
proval until after the next regular SEES
sion of Congress ends. in 19l2-prob-
ably i'm June or July of that year
But If Congress disapproves of the
instrument or the President disapproves
of it, the work done 50 far would
have to he done all over again II Is not
clear whether or not the enabling act
would fail I'm its entirety. but If further
legislation were to be required there
would probably be a delay of several
wears. It was not until seven years
after the passage Of the Kansas-Ne-
braska enabling act that Kansas got
/ into the Union.
! The unusual conditions imposed by the
/ law of 1910 were intended TO warn the
people Of Arizona and New Mexico
! against Stufhng their constitutions with
dubious and unacceptable provisions.
/ The vagarieS Of the Oklahoma conStitu-
tional convention put Congress on its
guard. and il served notice In the Arizona
and New Mexico act that If did not care
/ t. encourage further freak constitution
aking States are free after admis-
sion to amend their constitutions as they
may see fit, 50 long as they do not in
fringe on the guarantees of the federal
/ Constitution. But Congress has properly
declined TO have the burden laid on II
or on the President of sanctioning any
sort of folly crowded into a constitI-
Of formation
The sections Of the Arizona instrument
providing for the recall Of Judges are ut
terly obnoxious. There is no good reason
why Congress or the President should he
put in the position of indOrSing the Judi
cial recall by allowing Arizona to he ad-
mitted under the instrument framed by
the territorial convention. 1t would have
been just as easy 10 postpone all such eX-
pcriments until after admission. and tho
Arizona constitution makers knew that
they were inviting failure of the en-.
aiding act when they ignored the sound
advice Of President Taft TO make the
rev constitution simple and rational. If
Arizona IS kept out Of the Union several
years longer it will he because of that
ableness.