The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-08-15
President Taft Returns State
hood Resolution to Congress
With a Message Setting Grounds
for DisapprOvaI.
RECALL OF JUDGES
In Arizona Constitution Is His
Only Objection.
To Sign Inconsistent With His
Sense Of Duty.

/
Washington, Aug. 15.-President Taft
in a special message to the house of
representatives today vetoed the joint
resolution providing for the admission
of New Mexico and Arizona to state
hood. His reason for exercising the
executive power Of veto was based on
his thorough disapproval of the recall
of Judges clause ir the Arizona con-
stitution. The fact that New Mexico S
statehood was bound up with that of
| Arizona mete out to her the same
| fate and neither territory can come
/ into the Union at this time unless
friends of the joint resolution in con-
gress can muster the tWo-thirds vote
necessary to pass the resolution over
the presidents veto. This may be at
tempted The president did not spare
words in condenlning the recall fea-
ture of the Arizona constitution which
he said, would compel judges to make
their decision under legalized terror
ISM
The recall provision would operate
against all ele tive officers of Arizona,
including both county and state judges.
When % per cent of the voters of the
previous election peJitioned for a spec
ial election to remove an official such
an election would be compulsory.
This provision of the Arizona con-
stitution The president says, in its
application to co1nty and state judges
seems to ne so pernicious in its effect,
50 destructive to independence in the
judiciary, SO likely to subject the rights
of the individual to the possible tyr
amy Of popular majority and, therefore
to be SO injurious to the cause of free
government I must disapprove con-
stilution containing it
Much of the message was devoted to
a discussion Of the functions of the
courts under the constitution. The
president dweIt at considerable length
on the necessity for freeing the Judic-
iarv as much as possible from politics
or popular influence. And, referring to
the recall provision he asked:
Gould there be a system more in
cenio1slv devised to subject judges to
momentary gusts Of popular passion
The message wagsreceived with great
interest by the house largely because
of the presidents long association with
the judiciary The docUmen in full
is as follows:
The Message in Full.
To the House of Representatives
return herewith without my ap
proval house joint resolution NO IA,
to 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
nv the convention to the electors of the
/ territory. the approval of the consti-
tuition by the president and congress,
the nrocIamation of the fact by the
president and the election O. state Of
ficers Both in Arizona and New
/ Mexico conventions have been held,
constitutions adopted. ratified by the
people and submitted to the president
/ and to congress.
I have approved the constitution of
New Mexico and so did the house OF
represe sentatives of the Sixty-first con-
gress. 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
! so bv the Joint resolution under con-
sideration.
The resolution admits both terri
tories to statehood with their const1-
tutions on condition thst at the time
of the election of state officers, New
Mexico shall submit to its electoral an
amendment to its new constitution
modifying and altering its provision for
| future amendments, and on the Iur-
ther condition that Arizona shall sub
NIT to it's electors, at the time of cleo
ton of it's state officers, a proposed
amendment to its constitution by
which judicial officers shall be except
ed from the section, permitting a re-
call of all elective officers
Pernicious in Effect.
If sign this Joint resolution, 1 do
not see how I can escape responsible
ity for the judicial recall of the Ari-
IONA constitution. The ioint resolu-
ton admits Arizona with the judicial
recall, but requires the submission of
the question of it's wisdom to the vot-
ers. In other words, the resolution
approves the admission of Arizona
with the judicial recall, unless the vot-
ers themselves repudiate it
Under the Arizona constitution, all
elective officers. and this includes
county and state judges, six months
after their election, are subject to the
recall. It is initiated by a petition
signed by electors equal to % per
cent of the total number of votes cast
for all the candidates for the office at
the previous general election. Within
five days after the petition is filed,
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 Of
fetal 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 incum
bent receives the highest number of
the votes he continues in his office; If
not, he is removed from office and IS
succeeded by the candidate who does
receive the highest number.
This provision of the Arizona consti-
tuition in its application to county and
state judges. seems to me pernicious in
its effect. so destructive of independ
ence in the judiciary, so likely to sub
ject the rights of the individual to the
possible tyranny of a popular majority