Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-08-17
SCORES FEATURE ROUNDLY
Would Compel Judges to Make
Decisions under LOCALIZED
Terrorism-Effect Would
Be Pernicious.

of Representatives to-day vetoed the
joint resolution providing for the ad.
mission Of New Mexico and Arizona &c
| statehood. His reason for exercsins
the executive power to veto was based
on his thorough disapproval of the re-
call of the judges clause in the Arizona
constitution. The fact that New Mex
| icos statehood was bound up with that
| OF Arizona mcted 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 tho resolution over
the Presidents veto. This may be at
| tempted.
The President did not spare words m
condcmning 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 Arizona,
including both county and State
judges When % per cent Of the
voters of the previous election petit
toned for special election to remove
compulsory.
This provision of the Arizona constitu-
ton" the President says, ''in it's APP
plicaton to county and State judges
seems to me SO prenicious in its effect,
so destructive of independence in the
judiciary, so likely to subject the rights
Of the individual to the possible tyranny
Of a popular majority. and. therefore. to
be so injurious to the cause OF free
government that l must disapprove a
constitution containing It,"
Much of the message was devoted to a
Hdiscussion OF the functions OF the courts
under tho constitution The President
dwelt at considerable length on the
necessity for freeing the judiciary as
much as possible from politics or popular
influence. And. referring to the recall
provision, he asks:
Gould there be a system more in
geniously devised to subject Judges to
momentary gusts Of popular passion
than ths?'
The message was received with great
interest by the House, largely because
OF the Presidents long association with
the judiciary. 1t follows In part:
the Arizona constitution all elective off,
GERS, and this includes county and State
Judges. six months after their election
are subject to the recall. It Is initiated
by 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,
II he does not resign. is placed on the
ballot with that of all other candidates.
The petitioners may print on the official
ballot 800 words showing their reasons
for recalling the officer and he isn't per-
mitted TO make defense In the same place
in 200 words II the incumbent receives
the highest number of the votes he con-
tinues in his office; II not he is removed
from office and Is succeeded by the cam
didate who does receive the highest num-
ber
Washington, August Is.
To the House of Representatives:
I return herewith. without my approval,
House joint resolution No 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 approved
June 90 1910 provided for the calling of a
constitutional convention In each Of these
Territories, the submission Of the con-
stitution proposed by the convention 70
the electors Of the Territory. the approval
of the constitution by the President and
Congress, the proclamation of the fact
by the President and the election OF State
officers. Both in Arizona and New
Mexico, conventions have been held, con
stitutons adopted and ratified by the peo-
pie and submitted to the President and
Congress. have approved the constitu-
ton of New Mexico and so did the House
OF Representatives of the Sixty-nrst Con
gress. The Senate, however, failed 10
take action upon 1t. l have not approved
| the Arizona constitution nor have the two
houses of Congress, except as they have
done so by the Joint resolution under
| consideration. The resolution admits both
Territories to statehood with their con-
| stitutions on condition that at the time
| OF the election of State officers New
| Mexico shall submit to It's electors an
amendment to its new constitution
| altering and modifying its provision for
| future amendments, and on the further
| condition that Arizona shall submit TO rs
| electors. at the time of the election OF ITS
| State officers. proposed amendment &c
its constitution by which judicial officers
| shall be excepted from the section per.
| hitting recall OF all elective officers
II ] sign this Joint resolution do no,
see how ! can escape responsible, for
the judicial recall of the Arizona consti.
tuition. The Joint resolution admits Arr.
IONA with the judicial recall, but REQUIRES
the submission OF the question of it's wis.
dom to the voters In other words tn.
| resolution approves the admission of Arr.
IONA with the judicial recall, unless the
| voters themselves repudiate IT, Unde,
| This provision Of the Arizona constit,-
ton In its application TO county and State
judges seems to me so pernicious lin its
effect, so destructive OF Independence in
the Judiciary so likely to subject the
rights OF the individual to the possible
tyranny OF a popular majority, and
therefore, to be so injurious to the cause
OF free government, that must disap-
prove constitution containing It,
or course mere difference Of opinion
constitution ought not to lead mo to sci
up my opinion against that OF the people
OF the Territory. It is to be their gov
eminent and while the power of Con
gress to withhold or grant statehood /,
absolute. the people about to consttut,