The citizen. (Honesdale, Pa.) 1908-1914, 1911-08-23

poses 7aety Legislation Even at VI
rection of Majority.
Washington, Aug. ;o.-Following is
the presidents special veto message on
the statehood bill:
To the House of Representatives:
| return herewith, without my ap-
proval, house joint resolution IA, "to
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 ap-
proved JAne 20, 1910, provided for the
calling of constitutional convention
in each of these territories, the sub
mission of the constitution proposed
by the convention to the electors of the
territory, the approval of the constitu-
ton by the president and congress, the
proclamation of the fact by the presi-
dent and the election Of state officers.
Both in Arizona and in New Mexico
conventions have been held, cOnstitu-
tions adopted and ratified by the peo-
pie and submitted to the president and
congress. l have approved the consti-
tuition of New Mexico, and so did the
house of representatives of the Sixty
first congress. The senate, however,
failed to take action upon it.
| have not approved the Arizona
constitution, nor have the two houses
of congress, except as they have done
so by the joint resolution under con-
sideration. The resolution admits
both territories to statehood with
their constitutions on condition that
at the time of the election of state of
ficers New Mexico shall submit to its
electors an amendment TO its new con
stitut1on altering and modifying its
provision for future amendments and
on the further condition that Arizona
shall submit to its electors at the time
of the election of its state officers
proposed amendment to its constitu-
tion by which judiciary officers shall
be excepted from the section permit
ting Il recall of all elective officers
If l sign this joint resolution l do
not see how | can escape responsibility
for the judicial recall of the Arizona
constitution. The joint resolution ad-
mits Arizona with the judicial recall,
but requires the submission of the
question of its wisdom to the voter. In
other words, the resolution approves
the admission of Arizona with the jul
dicial recall unless the voters them
selves repudiate it. Under the Arizona
constitution all elective officers and
this includes county and state judges,
six months after their election are sub
ject to recall 1t is initiated by petit
ton signed by electors equal to 20 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. if he does not resign. is placed
OH the ballot with that of all other
candidates. The petitioners may print
on the official ballot 200 words show
ing their reasons for recalling the Off
Ger, and he is permitted to make de.
Tense in the same place in 200 words.
If the incumbent receives the highest
number of the votes he continues in
his office; If not, he is removed from
Office and is succeeded by the candi-
date who does receive the highest
number.
This provision of the Arizona consti-
tuition in it's application to county and
state judges seems to me so pernicious
in its effect. so destructive of inde-
tendency in the judiciary, so likely to
subject the rights of the individual to
the possible tyranny of popular ma
jority and therefore to be so injurious
to the cause of free government, that
must disapprove Il constitution con
tanning it.
| am not now engaged in perform
ing the Office given me in the enabling
act already referred to approved on
June 20, 1910, which was that of ap
proving the constitutions ratified by
the peoples Of the territories. 1t may
be argued from the text of that act
that in giving or Withholding the ap
proval under the act my only duty is
TO examine the proposed constitution
and, if find nothing in it inconsistent
with the federal constitution, the prin
ciples of the Declaration of Independ
ence or the enabling act. to register
my approval.
But now | am discharging my consti
tutiOnal function in respect to the en-
actment of the laws. and my discretion
is equal to that Of the house of con
gress. | must therefore withhold IN.
approval from this resolution, If fl
fact ] do not approve it as a matte
of governmental policy. OF course
mere difference of opinion as to tn
wisdom of details in state constitu
ton ought not TO lead me to set u
my opinion against that of the peopl
of the territory 1t is to be their gov
ernment. and, while the power of cor
gress to withhold or grant statehoo
is absolute, the people about to const
tute a state should generally knoN
better the kind Of government an
constitution suited to their needs tha
congress or the executive. But whe
such a constitution contains someehin
80 destructive Of free government a