The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-16

genuously devised to subject Judges TO
monentarv gusts of popular passion
The message was received with great
interest IN the house. largely because
of the president g long association with
the judiciary. II was read to the house.
amid absolute silence. Then a storm OF
applause broke from the Republican
side. The Democrats remained ouist
The message was referred to the ter.
ritories committee.
Prompt Report.
Motion for reference of the state
hood resolution and veto was made by
representative Flood of Virginia,
chairman of the committee on terri
tories. He declared that the veto would
receive immediate consideration and
would be reported back SO that con.
gress might express it's convictions on
this great NATTER
The bill was referred without roll
A resolution providing for admission
OF New Mexico and Arizona in accord
ance with the wishes of President Tafs
as to the recall of Judges, was intro
duced today by Senator Smith of Mich
igan, chairman Of the committee on ter
tory the elimination Of the recall feat
ure of the Arizona constitution,
The message is as follows:
The Message.
To the House Of REPRESENTATIVES.
I return herewith. without my ap-
proval. house Joint resolution No 4, to
admit the territories OF New Mexico and
Arizona as states into the union on an
equal footing with the original states. a'
Congress. by an enabling act approved
June 20 1910. provided for the calling Of
constitutional .atu,,Ss'a convention In each OF
constitution proposed by the convention
to the electors Of the territory. the ap-
proval Of the constitution by the presi:
the fact by the president and the cleo
ton OF state officers, Both In Arizona
and New Mexico conventions have been
held constitutions adopted. ratified by
the people and submitted to the president
and to congress.
have approved the constitution Of
New Mexico and so did the house OF rep
resentatives of the sixty-first congress.
The senate, however. failed to take ac-
tion upon It.
I have not approved the Arizona con-
congrass; except as. they have done so
by the joint resolution under considera-
tion
Couples the Two.
The resolution admits both territories
conditions that at the time OF the cleo
tion of state officers New Mexico shall
submit TO Its electors an amendment TO
It's new constitution modifying and alter
Ing It's presentation for future amend
ments. and on the further condition that
Arizona shall submit TO its electors. at
the time OF election OF its state officers.
a proposed amendment to It's constitu-
ton by which judicial offices shall be
exempted from the section permitting
recall Of all elective officers.
II ! sign this joint resolution, do not
see how can escape responsibility for
the judicial recall OF the Arizona consti-
tuition. The joint resolution admits Ari-
q1res the ahs Of the question M Of
words, the resolution approves the ad-
mission of Arizona with the judicial re-
call. unless the voters themselves repu-
diate It,
Under the Arizona constitution all
elective officers. and this includes county
election are subject to the recall 1t is
initiated by a petition signed by electors
equal TO 25 per cent of the total number
the office at the previous general cleo
ton. Within FIVE days after the petition
Is fled, the officer may resign. Whether
he does or uams nn hs does not resE
lis placed on the ballot with that OF all
other candidates.
The Recall.
The petitioners may print on the Of
fetal ballot 200 words showing their ren-
permitted to make defense In the same
place in 200 words II the incumbent
receives the highest number OF votes ne
moved from office and is succeeded 6y
the candidate who does receive the hish-
est number. ..,
tuition, In It's application to county and
fas'' It's eject. % SO destructive Of Independence
rights Of the Individual to the possible
theaes therefore. "a to be SO Injurious to the free
government tina. that ,I,,rg I mu1t o'sAppF0'e i"
I am not now engaged In performins Is
the Office given, me in the eaapHrs glns sG' %
already referred to- ap9rHvea op annroyins the
constitutions ratified by the peoples OF
the territories. 1t may BIO argued from
the text OF that act that IN siv,ne " VI
Withholding the approval under the act,
nv only duty Is TO examine the proposeai
constitution. and II 7 find nothing IN IL
incon sistent with the federal constlus
ton, the principles of the declaration OF OF
independence, or the enabling act, 10
register my approval
Withholds Approval.
But now I am discharging my consti-
| tuttonaI function In respect TO the enact ,
ment of laws. and my discretion Is equa
| 10 that Of the house of congress; mnst,
therefore, withhold my approval from us
! resolution, II In fact 1 do not approve IL
as matter OF government policy,
of course. A mere difference OF opinion
es Io details I'm state constitution ought
not to lead me 70 set up m my tbe op,n,Sin ,srri
against that of the, people or .ne 'eaInl and
| wi,i1c the mower OF congress TO withhold
or grant statehood is absolute, the s,p,,Id ,peGIdi
| nle about to constitute state sHounu
] generally know better the Klnd ol hoe.