Bisbee daily review. [volume], August 16, 1911, Page PAGE TWO, Image 2

About Bisbee daily review. [volume] (Bisbee, Ariz.) 1901-1971

Image provided by: Arizona State Library, Archives and Public Records; Phoenix, AZ

                
i
wwwwrnwi w yM' Swii iwf
i'wiWiiwwiyi
..7,i...i..i.i.ji,ijii.iW" "'VT,W
', .
- .-tay
-
pag twa
t i
F
4 v"'"V
THE BISBEE 6AILY REVIEW, BlSBEE, ARIZONA, WEDNESDAY MORNIIJG. AI)GllSf 16, Isit
in 1 1 .n 1 1 h jftgpjy ' 'j ' "T " ;T '
Ful
-a
4
rAt
1 r
Text
9h
I3
i
Judiciary Recall Proves the
' ' Of Arizona and New Mexico
President gives his reasons why the Recall should not be allowed in the constitution of
Arizona, pointing out that it would leave the judges at the mercy of a minority
whose passions were momentarily inflamed by some decision, even though the decision
be based upon the law, and the judge powerless to make any other decision with
due regard for laws framed by the people themselves. ,
(Special to the Review.) "
WASHINGTON, Aug. 15. 12.15 o'clock, noon President Taft sent to congress his
veto. message on Arizona statehood at 12:12 o'clock today. .
(One hour after the delivery of the statehood
message to congress vetoing Arizona's recall pro
vision of the Flood resolution. The , Review an
nounced the fast to the people of Bisbee in an
extra. Owing to the length of the veto message
it was impossible to print it in full, however, and
the me'sage is given complete herewith.)
1
wm
To The House of Representative.;; "
I return herewith, without my approval, house
Joint resolution No. 4, to admit the territories of
New Mexico and Arizona as states into the
Union on an equal footing with the origins!
ctates.
The resolution admits both territories to
statehood wih their constitutions, op condition
that at the time of the election of state officers
New Mexico shall submit to its electors an
amendment to its new constitution modifying and
altering its provision for future amendments, and
on the further condition that Arizona shall submit
to its electors, at the time of election of its
' officer8, a proposed amendment to Its ccnstltution
by which judicial officers shall be excepted from
the section permitting a recall of ail elective offi
cers. If I sign this joint resolution, I do not
see how I can escape responsibility for the judi
cial recall of the Arizona constitution.
The joint resolution admits Arizona with
the judicial recall but requires the submission of
the question of Its wisdom to the voters.
In other words, the resolution approves the
2dmssion of Arizona with the judicial recall,
unless the voters themselves repudiate it. Under
the Arizona constitution all the elective officers,
and this includes county and state judges, six
months after their election, are subject to the
recall.
This provision of the Arizona constitution, In
its application to county and state judges, seems
to be so pernicious In its effect, so destructive
cf Independence to the Judiciary, o likely to sub
ject the rights of the individual to the possible
'tyranny of a popular majority, and therefore so in-
, JurIo"s to the cause of free government, that I
must disapprove a constitution containing It.
Of course a mere difference of opinion as
ts details In a state constitution oagnt not to
lead rrje to set up my opinion against that of
Ithe people of the territory. It is tp be their
. government, -and while the power of congress to
withhold or grent statehocd Is absolute, the peo
ple about to constitute a state generally should
know better the kind of government and consti
tution suited to their needs than congress or the
executive.
But when such c constitution contains some
thing so destructive of free government as the
recall, it should be disapproved. A government is
for the benefit of all the Feople. Vc believe
this benefit Is best accomplished by popular gov
ernment, because in the long run each class of
individuals lis apt to secure better provision for
themselves through their own voice In government
than through the altruetic interest of other;, how
ever Intelligent or philanthropic.
It is said you can always trust the people to
do justice. If that means all the people and they
alt agree, and the maxim Is interpreted to mean
than you can always trust a majority of theX
people. This is not Invariably true; and every
limitation Imposed by the people upon the power
of the majority in their constitution Is an ad
mission that it Is not always true.
By the recall in the Arizona constitution, It
is proposed to give to the majority power to
remove afcrltrarlly and without delay any judge
who may have the courage to render an unpopular
decision.
By the recall it !s proposed to enable a minor
ity cf 25 per cent of the .voters of the district or
state, foe no prescribed cause, after the judge
has been in office six months, to submit the
question of his retention in office to the electorate.
The petitioning minority must say on the ba.
lot -what they can against him In 200 words and
ho must defend at best he can In the same space.
Other candidates are permitted to present
themselves 'and have their names printed on the
ballot, so that the recall Is not based solely
on the record or acts of the judge, but also
on the question whether some other and more
popular candidate has been found to unseat him.
Could -there be a system more Ingeniously de
vised to subject judges to momentary gusts of
popular passion than this? We can not be blind
to the fact that often an Intelligent and respect
able electorate may be so aroused that it may
visit with condemnation the decision cf a just
judge, though exactly In accord with the law gov
erning the case, merely because It affects their
interests unfavorably.
Controversies over elections, labor troubles,
racial or religious issues, as to the construction
or constitutionality of liquor laws, criminal trials
cf popular or unpopular defendants, the removal
of county seats, suits by individuals to maintain
their constitutional rights in obstruction of some
popular government these and many other
cases could be cited In which a majority cf a
di'trict electorate would be tempted by hasty
anger to recall a conscientious judge If the op
portunity were open all the time.
No period cf delay Is interposed for the
abatement of popular feeling. The recall Is "de
vised to encourage quick action, and to lead the
people to strike while the Iron is hot. The judge
is treated ss an instrument and' servant cf a
majority of the people, and subject to their
momentary will, not' after a long term In which
his qualities as a judge and hla character as a
man have been subjected to a test of all the
varieties of judicial work and duty so as to
furnish a proper means of measu.ing his fit
ness for continuance in another term. On the
instant of an unpopular ruling, while the spirit
cf protest has not had time to cool and even
while an appeal may be pending frcm his ruling
in which he may be sustained, he js to be haled
before the electorate in a tribunal, with no ju
dicial hearing, evidence 'or defense, and thrown
cut of office and disgraced for life because he has
failed, in a single decision, It may be, to satisfy
the popular demand.
Think -of the opportunity such a system would
give to unscrupulous political bosses In control,
as they have been in control not only of conven
tions, but of elections. Think of the enormous
Fower for evil given to the sensational, muck
raking portion of the Press In arousing prejudice
against a just judge by false charges and insinua
tions, the effect of which In tne short period o
an election by recall It would be Impossible for
him to meet and offset.
Supporters cf such a system seem to think
it will ork only in the inn. est of the poor,
the humble, the weak and the oppressed; that It
will strike down only the judge vvho Is sup
posed to favor corporations and be affected by
the corrupting influence of the rich. Nothing
could be further frcm the ultimate result. The
motive it would offer to unscrupulous combina
tions to seek to control politics in order to con
trol the Judges Is clear.
Those who will benefit by the recall are
those who have the best opportunity of arousing
the majority of the people to action on a sudden
impulse. Are they likely to be the wisest or the
best people irl a community? Do they not in
clude those who have money enough to employ
liirebrands and slanderers In ' a community, and
tie stirrers up to social hate? Would not self
respecting men hesitate to accept judicial office
with such a sword of Damocles . hanging over
them?
What kind of judgments might the unpopular
side expect from courts whose judges must make
their decisions under legalized terrorism? The
character of the judges would deteriorate to that
of trimmers and time-servers and independent ju
dicial action would be a thing of the past.
As the possibility of such system passes in
review, is It too much to characterize It as one
which will destroy the judiciary, Its standing and
its usefulness?
The argument has been made to justify the ju
diciary recall that it Is only carrying out the prin
ciple of the election of the judges by the people.
The appointment by the exeeutive is by the rep
resentative of the majority and so far as future
bias is concerned there is no great difference be
tween the appointment and the election of judges.
The independence of the judiciary is secured rath
er by a fixed term and a fixed and Irreducible sal
ary. It is true that when the term of judges is for
a limited number cf years and re-election Is neces
sary It has been thought and charged sometimes
that shortly before election, in cases In which
popular interest is excited, judges have leaned in
their decisions toward the popular side. As al
ready pointed out, however, in the election of
judgec for a long and fixed tern; of years the fear
of popular prejudice as a motive for unjust de.
cislons is minimized by the tenure on the one
hand while the opportunity whlctj the people have
calmly to consider the work of a judge for a full
term of years in deciding as to his re-election gen
erally insures from them a fair and reasonable con
sideration of his qualities as a judge.
While, therefore, there haye been elected
Judges who have bowed before unjust popular pre
judice, or who have yielded to he power of po
litical bosses fa their decisions, I am convinced
that the'e are exceptional and that, on the whole,
elected judges have made a great American judi
ciary. But the success cf an elective judicial1)
certainly furnishes nc reason for so changing tht
system as to take away the very safeguards which
have made It successful.
Attempt is made to defend the principle of ju
dicial recall by reference to states in which judges
are said to have shown themselves to be under
corrupt corporate Influence and In which It Is
claimed" that nothing but a remedy would suf
fice. If the political control in such states Is suffi
ciently wrested from corrupting corporations to
prevent the enactment cf a radical constitution like
that of a judicial recall It would seem possible to
make provision In Its stead of an effective remedy
by Impeachment In which the cumbrous features
of the present remedy might be avoided, but the
opportunity for judicial hearing and defense be
fore an Impartial tribunal might be retained.
Real reforms are not to be effected by patent
short cuts or by abolishing tho'e requirements
which experience has shown to be essential In
dealing justly with every one. Such innovations
are certain In the long run to plague the Inventor
or first user, and will come readily to the hand
of the enemies and corruptors of society after the
passing cf the popular Indignation that prompted
their adoption.
Again, the judicial recall Is advocated on the
nround that It will bring the judges more in sym
pathy with the popular will and the progress of
ideas among the people. It Is said that now Judges
ere out cf touch with the movement toward a
wider democracy and a greater control of gov
ernmental agencies In the Interest and for the
benefit of the people. The righteous and just
course for a judge to pursue Is ordinarily fixed by
ctatutc or clear principles of law, and the cases
In which his judgment may be affected by his
political, economic or social views are not .fre
quent. But even in such cases.. Judges are not re
moved from the People's Influence. Surround the
judiciary with all the safeguards possible, create
Judges by a people, make their tenure for life,
forbid diminution of salary during their term, and
still it Is impossible to prevent the Influence of
popular opinion from coloring judgments in 'the
long run. Judges are men. Intelligent, sympathetic,
patriotic men, and In those fields of the law In
which the personal equation unavoidably plays a
part there will be found a response to sober
pepular opinion as it changes to meet the ex
igencies of social, political and economic changes.
Indeed, this should be sp. Individual instances
of a hide-bound and retrograde conservatism on
the part of courts, in decisions which turn on the
individual, economic or sociological views of the
iudgett may be pointed out; but they are not many
and do not call for radical action.
In dealing with courts we are dealing with
a human machine, liable, like all the Inventions of
men, to err. But we are dealing with a human
institution that likens itself to a divine Institution
because it seeks and preserves justice.
It has been the cornerstone of our gloriously
free gevernment In which the rights of the indi
vidual and of the minority have been preserved,
while governmental action of the majority has lost
ncthing cf the beneficent progress, efficacy and
directness. This balance was planned in the con
stitutlon by its framers, and 'has been maintained
by our Independent judiciary.
Precedents are cited frcm state constitutions
said to be equivalent to a popular recall. In some,
judges are rcmpvable by a vote of both houses of
the legislature. This is a mere adoption of the
British address of plea to the crown for the re
moval of judges. It Is similar to impeachment in
I that a forma! hearing is always granted. Such a
provision forms no precedent for a popular recall
without adequate hearing and defense and with
new candidates to contest the election.
It is said the recall will be rarely used. If
so, it will be rarely needed. Then why adopt the
system so full of danger. But It is a mistake to
suppose that such a powerful lever for influencing
judlcla decisions and such an opportunity for
vengeance because cf adverse ones will be al.
lowed to remain unused.
But it Is said that the people of Arizona ara
to become an independent state when created and
even If we strike out judicial recall now, they can
incorporate it in their constitution after statehood.
To this I would answer that in dealing with th
courts, which are the cornerstone cf good gov
ernment and In which not only the voters but ths
non-voters and non-residents have a deep interest
as a security for their rights of life, liberty and
property, no matter what the future action cf the
state may be, It Is necessary for the authority
which Is primarily responsible for its creation' to
sssert in no daubtful tones the necessity for an
Independent and untrammeled judiciary.
(Signed) WILLIAM H. TAFT.
The White House, Aug. 15, 1911.
WILL SUPPORT HIIOEHO
FOR THE PRESIDENCY
Ugua Prieta People Pay No
Attention to His Alleged
Repudiation
(Douglas International.)
Politics featured the day yester
day at Agua Prieta, across the In
ternational border from Douglas.
There was a meeting of the politi
cal club of that town hold for tho
purpose pf considering where . the
support of Agua Prieta (should bo
given In tho presidential campaign
now on In Mexico.
This club was organized some
time ago with tho announced pur
pose of supporting Francisco I.
J Madero for president and Maytoreua
for governor of Sonora.
At the meeting yesterday a tele
gram was rccelvod from tho head
quarters of the anti-reelection party
In the City of Mexico, telling the
club at Agua Prieta that the anti
reel cctlon party had repudiated Ma
dero and would oppose his election
as 'president, and asking that the
club do likewise.
This, telegram caused much in
terest and at first the disposition
was to take no definite action until
a telegram could be sent asking
tho reason for the repudiation (if
Madero. There was some heated
discussion on this proposition and
finally it was decided that they
would not consldor the telegram,
but go on and support Mai! jit o In
accordance with the original pur- '
pose of the club.
This being the decision, it was
agreed that they would send a dele
gate to the national convention uf
the Progrosslvo party racpntly an
nounced by Madcro, and which will
support his oandldaoy. The man
selected to reprosent the Agua
Prieta club in this national conven
tion was Juan Esplnossa, bocretary
of the club, and he was instructed
to support the candidacy of Fran
cisco I. Madero for president.
Orson Brown, who was a pioneer
in (he establishment of Colonia
Morales, and who has become a
citizen of Mexico, was present at
the club meeting yesterday, and
was one of the active supporters of
Madero. Mr. Brown stated this '
morning that the way political mat
ters wore now shaping themselves y
in Mexico, he doubted if Madaro
could win, though ho is loyal te
him and thinks he Is deserving at
the honor, and that once In the
presidential chair be will be able
to pacify the country and raitorc
political peace and industrial pre-pority.
SEEMED TO GIVE HIM A NEWi LOS ANGELES 130 YEARS OLD,
STOMACH LOS ANGELES. CaU Aug. 15.
i -ufrrvl Intensely after oat- The Feast of- the Assumption of
lite and e medicine or treatment I ! Oar Lady of the Angels and the 150th
tried seemed to do any good," writos I annlvevsary of the founding of Los
H. M. Youngpalors, Editor of Tho Angeles, wera celebrated here toda7
In .accordance with an annual ctjs-
toat. It was on this' date. In 17S1,
that FeHpe de Neve, governor of Alta
California, gave to the settlement tho
name of Lcs Angeles.
Stn, Lake View, Ohio. "The first
few doses of Chamberlain's Stomach
and Liver Tablets gave me sur
prising relief and tho second botUo
seemed to give me a ntw stomach
and perfectly good health." For
"wsalo by alf druggists. 183
, Two osteopathic doctors from tht
,Pr. A. T. Still Osteopathir Infirmary
'-cf E Po, Texas, will be in Doug-
"Mas for thirty days to look after some
patients. Everybody wanting treat
ment should see them at once.
An ordinary case of diarrhoea
can. as a. rule, be cured by a single
dose of Chambjrlaln's Colic, Chol
era and Diarrhoea Itemcdr. Thin
romedy has no superior for bowel
complaint For sajo by al drug-
I irlsts. 1S3
TOGO TO VISIT BOSTON.
BOSTON', Mass Aug. 15. ljQslon
is In readiness to receive Admiral
f ogo, who reaches the city this even
ing to tiefin a visit that will continue
until Friday afternoon, when he will
dopart for Buffalo and Niagara Falls.
(The city has made no elaborate prep
arations for the entertainment, of the
distinguished, visitor, for the reason
that ho comes more or lass as the
guest of the gorcrnmpnt and during
his stay will be in the hands of tho
navy yard officers and Rear Admlrat
Bowles of the Fore River Shipbuild
ing company. i
Spesial 50 cent Luncheor and
$1.00 Table d'hote dinner daiy at
Copper Queen Hotel. , 256.
SUPPRESS PLAY PIRACY. I P.ED MEN HOLD COUNCIL,
NBWY YOHK. Aug. IS. An inter- SAN JOSK, CaU Aug. IB. The
national agreement to prevent play pi- Rrftat council of the Bed Men of Cal-
Managera at It snnttel meeting today Impressive ceremonies and will romafn
at tbo Hotel Astor. Plans f er the In session through the rest of the
genera! betterment or theatrical con-t week, closing "Saturday with a big
?i"io?S;,Jin1 artl?1,rly 'w meeUnB colebratlQB. Many matters of Inter
legislative and other o pnositlon to t - ' ... . ' ...
theatrical Intorats. aluo ware Hs- e" " " maera wo pruer win
cufcsed by the managers.
fee discussed at Uio meetings of
council. '
the
CJuts and uruisss may bo hoaleJ
in about one-third tbo time re
quired by. api-Irin-J Chamberlain's
Liniment, It is an antiseptic and'
reuses sucn injuries to ueal with
out maturation. This liniment alsu
relieves soreness of the muscles
and rheumatic pains. For sale by
all druggists.
Baley and the Horse
ute to the fcoree. the noblest dumb
animal God over made. Tho Hon.
Joseph Veldon Bailey.
And one of the noblest sifts of
jg.j ; tno boric is c.s dumbness.
PRESENT STATUE TO GERMANY
NEW YOKK, Aug. lo. Represent;
atlvc Bartholdt of Missouri sailed to
day on tho Kaiser Wllholm IL for
Germany to present a replica of the
PREBLE REMEMBERED
AT PORTLAND, OREGON.
PORTLAND, Me., Aug. 15. Bmt-
rises were held today in commemot-
-jilon of the 150th annhersary of tho
birth of Commodore Edward 1'rafew,
one of the most dlstingulsfeed o4B
cors In the American navy in tb
early days. Commodore PreWe was
born and died In Portland ad Fort
Prehle, guarding the entrance to Pert
land harbor, was named In hoaor of
his memory. Commodore Prete is
best remembered for the warfare he
conducted against .the Wsrbary pi
rates, who menaced American ship
ping In the Mediterranean.- la th
year 3 SOS bis ships bombarded Tri
poli six times and destroyed all tli
pirate craft The Pacha finally askwl
to negotiate and the American
cer's operations eventually resalted it
the peac of ISS, by which th
tjfbutc that Europe h! paid tor ce
lurfe's and the slavery of Cfcrtstian
captives' wore abolished.
SIERRA
MINES
CONSOLIDATED
COMPANY
Duluth, MlBaesoia, July Sttfc,
1311.
To the StockboWerb:
Netlee Is- hereby given that the
Second Annai Meatias of the
Stockholders of Serra CsnsotWatod
Minos Company w$II ,ie heM at the
s-wneral ofliee of the Company at
Room JitO in the AlwarM BftlMins,
in Duluth Miniwocla, on Ttwadar.
Ihe 22j;d 'day of Atsaft, A. D. 1811,
.U 12 o dick n". foT tl c5'"
of three directors to hW otRce for
Baron v"on Steuben statue to the cm'
peror on behalf of tho people of thejtnreo yoargt and the transaction of
United States. While abroad Mr., such othor tmstness as may prt-
Tiartholdt "also will attend th,e annual
meeting of the Interparliamentary
Peace Union. . .
Buy It now. Now Is tho tlmo to
New York Sun: 1 pa7 my lrlb-J-bny a iKittJe of Chamberlain's Colic,
erly come before said meeting. The
stook transfer beos wfH be closed
from August lta. 1311, to Aagswt
22, 1911, both laduslTe
FREDERICK R. KENNEDY,
197 Secrctarj.
r.hnlpr nnil THarrhofta Itim&ii It HARD TIMES BALL
is almost certain to be needed be- Given by th T. p ,,J '
fore the summer is ovor. This ' Wednesday, August IS. at K. P
remedy has no superior. For sale ball. God music and good floor,
by all druggists. 183 Two prizes given. Admission $L
V
J
I
Jd
aMMMataH
1
.', 41' ", w . ' '- - .'.. ' -. ' f -"- - A 1 .. L-.. jJllJ: ,.,7 .-.-,:tf,-''V--- ' - ... '' 1- r - S " JH