The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1911-03-22

seriously the assertion that the adop-
ton of the initiative, referendum and
recall make a form of government
which is not republican. Switzerland
has adopted all three and to say that
Switzerland is not a republic is SIM
ply a contradiction in terms. Surely
no one can expect to be taken Sc
riously if he asserts that oregon or
California in it's form of government
is not as absolutely republican as
Connecticut or Pennsylvania or Mis-
sissippi. This being so, there can
be no ground for refusing to admit a
territory to statehood when it's pro-
posed constitution does not essen
TALLY differ from the actual constitu-
tions of certain states already within
the Union.
Initiative and Referendum.
1.-THE principles of the initiative ard
referendum may or may not be
adapted to the needs of a given state
under given conditions believe
they are useful in some communities
and not in others-but to deny a
territory the right of statehood be-
cause it has adopted these principles
is as wrong as to say that Vermont
should not be a state because it,
governmental system is based upon
the principle of the town meeting. If
the constitution of the United States
forbds the use of the referendum o.
initiative, then the constitution
should be amended without delay.
According to the varying conditions
in each state and action to the limi-
tations upon the use of the initiative
and referendum, this use may or
may not be wise in any given in
stance; but the right to its use is
inherent in every community, and no
community should be allowed to die
tate to any other community on this
matter.
Principle of Recall
at is so with the principle of the
recall. I do not believe in it's wis
dom here in Arizona as provided in
the Arizona constitution, bat Arizc-
ma has an absolute right to try the
experiment if it sees fit Indeed, a
system under which judges are ap-
pointed for life differs more from
one under which they are elected for
very short terms, than the latter does
from a system which provides for
the recall. Each state should have
full liberty to act as it chooses in
such a matter and therefore each
territory DESTROYS of being admitted
as a state should have the same lib
erty. I am a strong nationalist, but
1 am not less a believer in the rights
of the states wherever the righ:s
of the states mean the rights of the
people, and in this case, the rights
of the people include the right of the
people of any state to decide upon
any course of action it deems best
in this matter. The United States
government is in honor bound to ad-
NIT Arizona under it's present con-
stitution.
Question of Judiciary.
"Now, my friends, while in the
fullest way thus acknowledge your
right to form the constitution that
you have formed and to be admitted
hereunder to full membership in
the federal union, also wish it dis
tinctly understood that while there
are many provisions in your proposed
constitution with which I most
heartily agree, there are some with
which 1 disagree, and notably among
these the recall as affecting the ju-
dietary. I uphold your right to act
as you think fit in this mater, but l
do not believe the position you have
seen fit to take is wise. I feel strong
ly the wrongfulness of the recall of
the judiciary as justification cor
refusing to admit you to the union
yet I also emphatically feel that I'M
der your conditions, the proposal you
have made is against the interests
of justice, and therefore, against
your interests. I admit the melan-
choly fact that there are states
where judges have so acted as to
make it justifiable and necessary for
the people to adopt measures for re-
firing all such judges from office.
But speaking generally. and as re-
CARDS most communities under ro--
NAL conditions. I feel that 1t is to
our self-interest, to the interest CT
decent citizens, who want nothing
but justice in it's broadcast and tru-
est sense not to adopt any measure
which would make judges titnid,
which would make them fearful lest
deciding rightly in some given case
might arouse a storm of anger, tenn
porarily but fatal.
Try the Experiment First.
you should shun every measure
which would deprive judges of the
rugged indifference and straightfor'
ward courage which it is so pre- lem
inently the interest of the commun-
ty to see that they preserve. Some
way should be provided by which, in
extreme cases and after careful de-
liberation, it should be possible to
remove Judge even though the cir
cumstances would not justify his i'm
parchment; but I think that some
much wiser method than that you
have devised in your constitution
should be adopted, some method
free from the vicious effects which
the adoption of your constitution
would believe, tend to cause. In
any event, a measure fraught with
such possibility of mischief as the
recall of judges as you have provid-
ed for it, should not be adopted un-
til by actual experiment you are
driven to it as necessary but re-
grettable method of doing away with
some even worse evil.
Spirit of the People.
do remember, my friends, that
the question of the form of govern
ment, though it is important, is Of
infinitely less imDOrtance than the