The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1911-08-18
DiSapproveS Of Statehood Bill
Passed by Congress
RECALL Of THE JUDICIARY.
The President Gives His Reasons for
yetoing the Measure in Message
Sent to the House Of Representa-.
tiyes, All Of Which Is Devoted to
Recall OF Judges In Arizona.


Washington, Aug l6.-President
Taft's first important veto message
disappearing the joint resolution pro-
yiding for the admission into the
union OF Arizona and New Mexico was
sent to the house OF representatives
yesterday.
The president deSotes his whole
message to a discussion OF recall of
judges. Himself a judge for many
years, he speaks with evident feeling
OF a proposal which he regards with
unconeealed disapprobation.
"If / sign this joint resolution he
says, Il do not see how can escape
responsibility for the judicial recall
OF the Arizona constitution. This pro-
vision OF the Arizona constitution, in
its application TO county and state
judges, seems 10 me so pernicious In
its effect, SO destructive OF independ-
ence in the judiciary so likely to sub
ject the right of the individual 10 the
possible tyrrany OF popular major
lty. and therefore. to be so injudicious
to the cause Of free government that
must disapproye constitution con-
tanning IT,"
Explaining the recall as written in
the Arizona constitution the president
declares that six months after cleo
ton all judges, county and state. may
be forced TO go before the people at
new election when a petition ask
ing for his recall has been signed
by electors equal to twenty-five per
cent OF the total number OF votes cast
for all candidates for the Office az
the previous general election. WShin
five days after the filing Of the petit
ton the official may resign. Whether
he does or does not resign, an election
in which his name figures. is TO be
held. The petitioners may print on
the ballots two hundred words show
ing why they disapprove Of the Official
and he may also defend himself
within the same limits. II he receives
the highes. number OF votes be is re-
tanned In Office. II not, he Is removed
and he who receives the highest num-
Der is put in his place.
In making bis veto. the president
says that he Is discharging his con-
stitutional function in respect to the
enactment OF laws and declares that
his discretion is equal TO that OF the
house OF congress. "0f course" he
continues. "a mere difference Of opin-
ion as 20 the wisdom OF details In a
state constitution, ought not to lead
ne to set up my opinion against that
OF the people Of the territory. II is
TO be their government. and while the
power OF congress to withhold or
grant statehood Is absolute. the peo-
pie about to constitute. state should
generally know better the kind OF
government and constitution suited
10 their needs thar congress or the
executive. But when such consti-
tuition contains something SO destruc-
tive Of free government as the Judicial
recall, II should be dIsappr0yed.
Explaining the theory Of popular
government Mr.. Taft shows that
whole government such as this Is By
maiority-of all who enjoy suffrage
lit Is also a government Of the whole
people conducted by that majority
under such rules and checks as will
secure a wise and benefcient result
The truth Of the maxim that the PEG.
pie can be trusted to do right, the
DresideR admits. IL all the people, all
agreeing are meant. but tat ma.
jority can always be so trusted he
does not believe. Therefore he says
constitutions are devised 10 check
has,y action By the majority.
THE division Of government int
three separate branches. says ths
president, the legislative, TO make ths
laws, the executive, TO execute them
and the judicial, 10 decide In cases
arising before Il the rights Or Indl
yidual as between him and the gov,
eminent. has always been regarded a
d great security for the maintenance,
Of free Institutions, and The securif,
Is only firm and assured when the fiji
dicial branch is independent and In
partial. II proper sense. judges ar,
servants Of the people; but Il Is no
work 10 the doing OF which they ar.
to follow the will Of the majority *
cept a. that Is embodied IN statute,
lawfully enacted according 10 consti
tutional limitations They are no
popHlsr representatives. on the con
irary, 10 hll their Offices properly
they must be independent"
Early IN the nations history. IN.
president continued. !, was argued
that the obligations u the constiiu
ton operated only on the legislator,
and that whatever the legislature dls
was constitutional But the hard
headed statesmen and judges u m,
carly days." said the president d..
clined TO accept this dew and III.
judges soon came 70 declare that Law
which they found at variance with ii.
constitution. was not law Al all. was
moi binding On the courts. the IndIyid
ual or any branch Of the government
and that 4 was the duty o. judges "
70 decide"
This power conferred on the judi