Arizona republican., 1911-03-05
The Legal and Practical Status of Statehood for the Two Territories.


 It does not appear that the legaI status of statehood for either New Mexico or Arizona was changed by the adverse vote in the senate yester- day.
 To the house resolution approving the constitution of New Mexico the senate had attached an amendment approving Arizona's constitution also and this action was followed by re- lection of the entire resolution as amended.
 In newspaper circles at Washington it was hastily assumed that this ad- verse vote killed statehood for both territories, so far as further pro- cedure under existing law was con cerned. but this assumption was in correct
 At most. the vote of the senate, in addition to defeating the immediate admission of New Mexico. amounted to formal expression against the constitution of Arizona. The whole business was an extraordinary pro- cedure. and was not such a procedure as is contemplated by the enabling act for tine two territories.
 The adverse vote of the senate yes terday was not the action of con gress," but merely an implied disap- proval by one branch of congress. Moreover. it was not formal recital of disapproval. such as the enabling act seems to mean.
 As to New Mexico, the situation at the worst is. that that territory must simply await the action or non-action of the next regular session." in the event that nothing is done at the extra session. The next regular ses- sion will begin on the first Monday in December and will end in the mid summer of the following year.
 As to Arizona, her constitution awaits the action of the president If the president disapprove, that will eliminate Arizona so far as the eX- isting law is concerned-whereas New Mexico. having received presidential approval, still awaits "disapprovar' by congress. Congress failing to dis approve" at the next regular ses- sion." New Mexico will go in by virtue of the presidents approval-provided always. that the extra session does make an entirely new slate
 Many people have failed to under stand the peculiar provisions of the enabling act for the two territories. The act was so drawn as to make admission automatic in the event of presidential approval and the failure of congress to "disapprove"
 We again quote the language in question:
 And if congress and the president approve said constitution and the said separate provisions thereof. or. if the president approves the same and con- gress fails to disapprove the same at the next regular session of congress the president shall certify said fact, etc
 Undoubtedly. a formal recital of "disapproval by congress"-that is. both branches of congress. not one house only thereof-is meant And if congress fails by a vote of both houses to express it's "disapproval. its approval is to be understood
 President Taft clearly explained one feature of the law to his callers from Arizona the other day We quote the pertinent words in this respect as transmitted to The Republican by the presidents secretary:
 Tt contains the provision that the constitution shall not go into effect after ratification until it shall be ap- proved by the president and by con- gress, the approval of congress either to be affirmative or to be presumed after the adjournment of the next regular session of congress without its action.
 The next regular session under the law is. have no doubt. assuming the constitution to be present at this ses- sion. the first session of the Sixty second congress. that is. the congress just elected. which will meet in regu- lar session next December. If con gress does not act after I have ap- proved, or indeed. whether I have approved it or not-if it does not act at that time its approval will be pre- sumed."
 In advising congress the other day that he had approved New Mexico's constitution. the president recom- mended that congress also approve. His reason for this request was. no doubt. his desire to see the matter