RECALL OF JUDGES.

New Zealand Herald, Volume XLVIII, Issue 14787, 16 September 1911, Page 8

RECALL OF JUDGES.

PRESIDENT TAFT'S VETO.

[from our own correspondent.] San Francisco, August 25 President Taft's opposition to the "re* call" of judges, a prominent issue in American politics in the last couple of years, has jeopardised the admission of the ' territories of New Mexico and Arizona as full-fledged States of the union. la " America judges are elected, just as members of Parliament are in Xew Zealand By means of the "recall" a minority of the electors may, if dissatisfied with the . ' actions of a judge, through a petition force a new election, and the judge has to make his campaign all over again. Several Mayors and other officials have been "recalled," but so far the principle lias not been actually applied to a judicial officer. The territories of Arizona and New Mexico are admittedly entitled to entry into tha Union as States, and to that end have by popular convention adopted Constitutions. Those Constitutions must, before going into'effect, : be confirmed by Congress and the President. 'The Arizona Constitu- '» ' tion provides for the "recall" of judges. AUer several strenuous debates the Constitution was adopted bv Congress with a provision for submitting the recall feature to a referendum of the people of Arizona, but even ruder this arrangement the Pre-' sident vt ; the Constitution: Mr. Taft, in his message, was unsparing in his denunciation °- the " Principle of judicial recall. He said :—" This provision of the " Arizona Constitution, in its application to county and State judges, seems to mo so : pernicious in its effect, so destructive of independence of the. judiciary, so like '.' subject the rights of the individual to the : possible tyranny of a popular majority, and therefore to be go injurious to the I cause of free government, that I must disiapprove a Constitution containing it." In his opinion the people might be tempted by " hasty anger to recall a conscientious, judge if the opportunity were open all the time." The Constitution of New Mexico falls -with that of Arizona, because both were bound up in the one measure. It is ■ now suggested that the measure conferring Statehood be passed with the recall provision eliminated. Referred back 'to' Arizona in that fora, it will then be for the territory tor adopt or reject it.