Weekly journal-miner., 1911-08-23


 joint resolution admits Arizona with submission of the question of its wis dom to the voters. In other words, the resolution approves the admission of Arizona with the judicial recall, unless the voters themselves repudi- ate it.
 Under the Arizona constitution all the elective officers, and this includes county and state judges, siv months after their election are subject to the recall. It is initiated by a petition signed by electors equal to 9 per cent of the total number of votes east for all the candidates for the office at the previous general elec- tiOn. Within five days after the peti- tiOn, the officer may resign. Whether he does or not, an election ensues in which his name. if he does not resign, is placed on the ballot with that of all other candidates.
 The petitioners may print on the official ballot 200 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 number of the votes he continues in his office; if not, he is removed from office and is succeeded by the candi- date who does receive the highest number.
 This provision of the Arizona con stitutiOn. in its application to county and state judges. seems to me as pernicious in its effect, so destructive of independence to the judiciary, SO likely to subject the rights of the in dividual to the possible tyranny of a popular majority and therefore, so injurious to the cause of free government, that I must disapprove a constitution containing it.
 I am not now engaged in perform ing the office given me in the enab- ling act referred to, approved June 20, 1910, which was that of approving the constitutions ratified by the peo- ples of the territories It may be that. in giving or withholding the approval under the act my only duty is to examine the proposed constitu- tiOn and if l find nothing in it in consistent with the federal constitu- tiOn. the principles of the declaration of independence, or the enabling act, to register my approval
 But now I am dseharging my con stitut:onal function in respect to the enactment of laws, and my discretion is equal to that of the houses of con gress. l must, therefore. withhold my approval from its resolution, if in fact l do not approve it as a mat ter of governmental policy.
 Of course, a mere difference of opinion Os to the details in a state constitution ought not to lead me to set up my opinion against that of the people of the territory. It is to be their government. and while the power of congress to withhold or grant state hood is absolute. the people about to constitute a state generally should know better the kind of government and constitution suited to their needs than congress or the executiev.
 But when such a constitution con tains something destructive of free government as the recall it should be disapproved.
 A government is for the benefit of all the people. We believe this bene- fit is best accomplished by popular government. because in the long run each class of individuals is apt to secure better provisions for themselves through their own voice in govern ment than through the altruistic i'm terest of others however intelligent or philanthropie. The wisdom of ages taught that no government can exist except in accordance with laws and unless the people under it either obey the laws voluntarily or are made to obey them.
 In a popular government the laws are made by the people, not by all the people but by those supposed and declared to be competent for the pur- pose as males over 21 years of age and not by all of these, but by majority of them only. Now, as the | government is for all the people and