The Denison review. [volume] (Denison, Iowa) 1867-current, 1911-08-16
PRESIDENT VETOS
STATEHOOD BILL
Taft, in Message to the House. OP
poses Plan for Judges-He Does
Not Spare Words.
PASS BILL OVER HIS VETO
President Condemns Method Of Cen.
soring Judge by Holding Threat
of Recall Above Him.

soring Judge by Holding Threat
of Recall Above Him.
Washington, Aug. 15.-President
Taft in special message to the house
of representatives today vetoed the
Joint resolution providing for the ad-
mission of New Mexico and Arizona
to statehood. His reason for exercls-
ing the executive power of veto was
based on his thorough disapproval of
the recall OF judges clause in the Arl-
IONA constitution.
The fact that New Mexico's state
hood was bound up with that OF Arl-
IONA meted out to her the same fate
and neither territory can come into
the union at this time unless friends
of the joint resolution in congress can
muster the two-thirds vote necessary
to pass the resolution over the presl-
dents veto. This may be attempted.
Doesn't Spare Words.
The president did not spare words in
condemning the recall feature of the
Arizona constitution, which he said,
would compel judges to make their
decisions under legalized terrorism
The recall provision would operate
against all elective officers of Ari-
IONA, including both county and state
Judges. When Is per cent of the vot'
ers of the previous election petitioned
for special election to remove an
official such an election would be com
pulsory.
"This provision of the Arizona con
stitution," the president says, lin its
application to county and state judges
seems to me so pernicious in it's ef-
fects, so destructive of independence
in the Judiciary, so likely to subject
the rights of the individual to the pos
sible tyranny of popular majority
and therefore to be so injurious to the
cause of free government, | must dis
approve a constitution containing it."
Much of the message was devoted to
a discussion of the function OF the
courts under the constitution. The
president dwelt at considerable length
for the necessity of freeing the ju-
dietary as much as possible from pol
itics or popular influence. And, re-
ferring to the recall provision, he
asked: "Could there be a system more
ingeniously devised to subject judges
to momentary gusts of popular pas,
sion than this ?"
The message was received with
great interest by the house, largely
because of the presidents long asso
citation with the judiciary.
The message was read to the house
amid absolute silence. Then storm
of applause broke from the republican
side. The democrats remained quiet.
The message was referred to the ter
ritories committee.
Recall temptation.
In discussing the recall the presi-
dent said in part:
Could there be a system more in
geniously devised to subject judges
to momentary gusts of popular pas
sion than this? We cannot be blind
to the fact that often an intelligent
and respectable electorate may be so
reused upon an issue that it will visit
with condemnation the decision of a
just Judge, though exactly in accord
with the law governing the case,
merely because it affects unfavorably
their contest.
Controversies over elections, labor
troubles, racial or religious issues, is
sues as to the construction or con-
stitutionality of liquor laws, criminal
trials of popular or unpopular defend
ants, the removal of county seats,
suits by individuals to maintain their
constitutional rights in obstruction of
some popular Representatives. and
many other cases could be cited in
which majority of a district cleo
torate would be tempted by hasty
anger to recall conscientious judge
if the opportunity were open all the
time.
No period of delay is interposed for
the abatement of popular feeling. The
recall is devised to encourage quick
action, and to lead the people to strike
while the iron is hot. The judge is
treated as the instrument and servant
of majority of the people and sub.
ject to their mOmentary will, not after
a long term in which his qualities as