Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1911-08-26
GOV. DONACHfY
CRIT|C|zFS TAFT
DECLARES RECALL OF JUDGES is
4 STEP IN THE RIGHT
DIRECTION.
EFFECT OF CONTRACT
Arkansas Governor Thinks President
Erred Seriously When He Ve-
tOed Statehood Bill.

Little Rock, Ark, Aug. 25.-Gover-
nor Donaghey takes sharp issue with
President Taft over the action of the
president in vetoing the recall pro-
vision of the Arizona State Constitu
ton because it was made to apply to
the judiciary. Governor Donaghey be-
lieves the recall should apply to judd
ges the same as to other officers in
the state government, and he most
emphatically endorses the recall
principles as whole.
'President Taft vetoed the recall
provision" said Governor Donaghey in
discussing the action Of the national
executive, because he did not believe
that the judges of courts should be re-
stricted by the possible application Of
the principle of the recall. He reasons
that this would tend to embarrass
them in making their decisions and
might incline them from the line Of
absolute Justice. In reading his veto
message one is forced to admit that
the side of the case championed by the
president is put in the strongest pos
sible light favorable to it.
but that its not conclusive that he
is right, after all. In fact, when one
reads the answer made by Mr.. Bryan
in commenting on the veto message
tie argument advanced by the presi-
dent not only weakens, but fails. AS
Mr.. Bryan we'll says, many opponents
of the recall as applied to the judi
ciary have much to say on what might
happen under the existence of the re-
call provision in the state constitution
eisions when he knows that the pow
er of the recall may be exercised
against him. but they have nothing to
say as to how a judges decisions
might become warped against the
people when that judge has been far
removed from their power and has liv-
ed long in the atmosphere of the inter-
ests This last possibility appears
to have escaped them.
Circuit Courts an Example.
"An example of the salutary influ-
ence of direct contact with the peo-
pie and therefore, an argument in
favor of the extension of the recall
principle, is found in our circuit
courts. No better system of admin
istration of Justice has ever been
evolved than that found in our circuit
courts, and no judges more uniformly
apply the rules of right than our cir
cult judges Their decisions are the
least subject to criticism and are mo
universally assented to as right than
those. perhaps, of any other class OF
iurists, and yet they depend directly
for their tnure in office upon the
will of tie people.
I'm most cases their terms are
comparatively short: in rare cases do
they exceed four years in any of the
states. Yet few circuit judges fail OF
reelection This recall is merely a
provision by which the officials are
brought more directly subject to the
will of the people. 1t simply means
that the official depends upon this
will not only before election, but af-
terward, for his official position. If
the short-term judge, as the circuit
Judges, given an administration of law
that meets the approval of critics gen.
orally, although dependent so directly
upon the people around them for their
official tenure, how can we reason
that it would undermine the system
of Justice and warp its administration
this way or that merely because we
make this relation between the Judge
and the people a little closer and more
direct?
I'm this day and age there is much
being said on both sides of this par
tieular question. and much that is
against the recall is we'll and ably ad-
vanced. but it appears to me that the
sounder argument is for the recall.
with its application to every official
who assumes the role of a servant of
the whole people Yes, think the
recall should, unQuestionably, apply
to the judiciary" added the governor.
the president of the United States
to the contrary Notwithstanding.