Perth Amboy evening news., 1911-08-16
STATEHOOD BILL
VETOED BY TAFT
Joint Resolution Returned TO
Congress Condemned.

the statehood bill:
To the House of Representatives:
1 return herewith, without my ap-
proval. house joint resolution IA, ITO
admit the territories of New Mexico
and Arizona as states into the Union
on an equal footing with the original
states"
Congress, by an enabling act ap-
proved June 20, 1910, provided for the
calling of a constitutional convention
in each of these territories, the sub
mission of the constitution proposed
by the convention to the electors of the
territory, the approval of the constttu-
ton by the president and congress, the
proclamation of the fact by the presi-
dent and the election Of state officers.
Both in Arizona and in New Mexico
conventions have been held, constitu-
tions adopted and ratified by the PEG
pie and submitted TO the president and
congress. l have approved the consti-
tuition Of New Mexico, and so did the
house of representatives of the Sixty
first congress. The senate, however,
failed to take action upon it.
| have not approved the Arizona
constitution, nor have the two houses
of congress, except as they have done
go by the joint resolution under con
s!deration. The resolution admits
both territories to statehood with
their constitutions on condition that
at the time Of the election of state of
hcers New Mexico shall submit to its
electors an amendment to its new con
e~tftution altering and modifying It's
provision for future amendments and
pn the further condition that Arizona
shall submit to its electors at the time
Of the election of its state officers a
proposed amendment TO its COnstttu-
ton by which Judiciary officers shall
be excepted from the section permit
ting a recall Of all elective officers.
If l sign this Joint resolution l do
not see how | can escape responsibility
for the judicial recall of the Arizona
constitution. The Joint resolution ad-
mits Arizona with the judicial recall,
but requires the submission OF the
question Of its wisdom TO the voter. In
other words, the resOlutio" approves
AZ ddD4IDo4OA VI LOlid ! nv 80
dicial recall unless the voters them
selves repudiate it. Under the Arizona
constitution all elective officers, and
this includes county and state judges,
six months after their election are sub
feet to recall. 1t is initiated by a petit
ton signed by electors equal to % per
,ent of the total number of votes cast I
or all the candidates for the office at e
he previous general election. Within t
days after the petition is fled the j
may resign. Whether he does fl
r not, an election ensues in which his b
IL bs does pot ree7igns IS PLACED t!
r Corporation robes and attvhu- tyd@' {"
90 SdlN-= 49, SiIuL u Oil $500 u
%andidates. The petitioners may print a
n the official ballot 200 words show g
10 their reasons for recalling the Off u
err, and he is permitted to make de Il
ense in the same place in 200 words "
( the incumbent receives the highest o
of the votes he continues in !,
ats office; II not, he Is removed from c
ufhce and is succeeded by the candi- ,
date who does receive the highest
number.
This provision of the Arizona consti-
hutton in its application to county and
,tate Judges seems to me so peFnIcious
IN it's effect, so destructive of indie
tendency in the judiciary, so likely to
,ubiect the rights of the individual to
the possible tyranny Of q popular ma
lority and therefore to be so Injurious
10 the cause of free government, that
must disapprove a constitution con
tanning it.
am not now engaged in perform
Ing the office given me in the enabling
act already referred to approved on
June 20, 1910, which was that Of ap-
proving the constitutions ratified by
the peoples of the territories. 1t may
be argued from the text of that act
that in giving or Withholding the ap-
proval under the act my only duty Is
to examine the proposed constitution
and, if find nothing in it Inconsistent
with the federal constitution. the prin-
riples Of the Declaration of Independ-
rnee or the enabling act, to register
my approval.
But now l am discharging my consti-
~kutional function in respect to the en-
actmcnt of the laws, and my discretion
Is equal TO that of the house Of con
sTess. / must therefore withhold my
Frproval from this resolution, il In
fat 7 do not approve 1t as n matter
pf governmental policy. OF course a
mere dirersncs Of opinion as to the
wisdom Of details IN o state constitu-
zion ought not 10 lead me to set UP
any opinion against that OF the people
Fl the tsrrtt0ry. II L. to be theft gov
ernnsnt and. while the poYey Of con
gresa to withhold or giant statehood
L. absolute. the people about to consti-
tute d stzts should generally know
better ths KIND Of Government and
constitution sutted to shstF needs than
congress or the executive. But when
such q constitution contains something
90 destructive NJ free government as
fhe Judicial recall It should be disap-
proved
A Government is for the benefit Of
all ths people. We believs that this
benefit Ia best aco"-0nlished by popu-