The citizen. (Honesdale, Pa.) 1908-1914, August 23, 1911, Image 2
PAGB THE OITIKKN. WEDNESDAY, AUGUST 23, 1011. STATEHOOD BILL VETOED BY TAFT Joint Resolution Returned to Congress Condemns!). AGAINST JUDGES' RECALL President Points Out That He Would Be Responsible For Arizona Consti tution if He Signed Measure Op poses Hasty Legislation Even at Di rection of Majority. Washington, Aug. iO. Following U tho president's Hpccinl veto message on the statehood bill: To the House of Ilepresentatlves: I return herewith, without my ap urovnl. house joint resolution 14, "to ndtnlt the territories of New Mexico nud Arizona as states into the Unlou 'on an equal fooling with the original states." Congress, by au enabling act ap proved JWne '20, 1910, provided for the calling of a 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 tion by the president and congress, the proclamation of the fact by the presi dent and the election of state oilleera. lloth in Arizona and In New Mexico conventions have been held, constitu tions adopted and rntlfled by the peo ple and submitted to the president and congress. I have approved the consti tution of New Mexico, and so did the house of representatives of Hio Slxty lirst congress. The senate, however, failed to take action upon It. I have not approved the Arizona constitution, nor have the two houses of congress, except as they have done bo by the Joint resolution under con sideration. The resolution admits both territories to statehood with their constitutions on condition that at Hie time of the election of state of fleers New Mexico shall submit to Its electors an amendment to Its new con stitution altering and modifying its provision for future amendments and on the further condition that Arizona shall submit to its electors at the time of Hie election of its state otllcers a proposed amendment to its constitu tion by which judiciary officers shall bo excepted from the section penult ting a recall of all elective officers. If I sign this Joint resolution I do not see how I can escape responsibility for the judicial recoil of the Arizona constitution. The joint resolution nd mlts 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 ju dicial recall unless the voters them selves repudiate it. Under the Arizona constitution all elective officers, nnd this includes county and state judges, six months after their election nre sub ject to recall. It is initiated by a peti tion signed by electors equal to 25 per cent of the total number of votes cast for all the candidates for tho office at the previous general election. Within five days after the petition Is filed the officer may resign. Whether ho does or not, an election ensues in which his name. If he does not resign. Is placed on tho ballot with that of all other candidates. The petitioners may print on the official ballot 200 words show ing their reasons for recalling tho otll rer, and he is permitted to make de fense In the samo place in 200 words. If the incumbent receives the highest number of the votes he continues in his office; if not, ho is removed from office and Is succeeded by the coudi date who does receive tho highest number. This provision of the Arizona consti tution in its application to county and state Judges seems to we so pernicious in its effect, so destructive of hide- pendency in the judiciary, so likely to subject the rights of tho individual to the possible tyranny of a popular ma- Jorlty and therefore to bo so Injurious to the cause of free government, that I must disapprove a constitution con taining it. I am not now engaged in perform ing tho office given me In the enabling net already referred to approved on June 20, 1910, which was that of ap proving the constitutions ratified by the peoples of tho territories. It may bo 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 proiiosed constitution and, if I find nothing In It inconsistent with the federal constitution, tho prin clples of the Declaration of Independ ence or the enabling net, to register my approval. But now I am discharging my consti tutional function In resiiect to tho en hetmeut of the laws, nnd ray discretion is equal to that of the house of con gress. ' I must therefore withhold my npprovnl from this resolution, if in fuct I do not approve it as a tnntter of governmental policy. Of course n mcro difference of opinion as to tho wisdom of details In a state constitu tion ought not to lead mo to set up my opinion agalust that of the people of the tej-rltory. It Is to bo their gov ernment, and, whllo tho power of con gress to withhold or grant statehood Is absolnte, the people about to consti tute n state should generally know better the kind of government and constitution suited to their needs than congress or the executive, riuf when such n constitution contains something so destructive of free government as the Judicial recall It sbuu.tl be iw proved. A government Is for the liuni'llt I nil the people. Wo believe that t i benefit is best accomplished by po lar government because In the Ion,, run each class of Individuals Is apt n. secure better provision for theuistjH t through their own voice In govern tnent than through the altruistic In terests of others, however Intelligent or philanthropic. The wisdom of age. has taught that no government can exist except In accordance with laws nnd unless ten people under It either obey the laws voluntarily or nre made to obey them. In u popular govern ment the laws are made by tho peo plenot by nil the people, but by thosu supposed .nnd declared to be compe tent for tho purpose, as males over twenty-one years of age, and not by all of these, but by n mnjorlty of them only. Now, as the government Is for all the people and is not solely for n majority of them, tho majority in exercising control either directly or through its agents is bound to exercise the powei for tho benefit of the minority ns well ns tho majority. Dut nil hnve recog nlzed that the mnjorlty of n people unrestrained by law when aroused nnd without the sobering effect of dellbern tion nnd discussion, mny do Injustice to the minority, or to tho individual when tho selfish interest of tho major ity prompts. Hence Arlzoun's neces sity for n constitution by which the will of the mnjorlty shall be permitted to guide tho course of the government only under controlling checks that ex perience has shown to be necessary to tecure for the majority its share of the benefit to the whole people that a pop ular government is established to be stow. A popular government Is not n gov ernment of a majority, by n majority. for u majority of tho people. It is a government of the whole people, by a majority of the whole people under such rules and chocks as will secure a wise, just and beneficent government of nil the people. It is said you can always trust the people to do justice If that means all tho people nnd they nil agree, you cnn. But ordinarily they do not all agree, and tho maxim Is Interpreted to mean that you can nl- tvays trust a majority of the people This Is not invariably true, and every limitation imposed by tho people upo.i the power of tho mnjorlty In their con stitutions Is an admission that it is not always true No honest, clear headed man. how ever great n lover of popular govern ment, can deny that tho unbridled ex pression of the majority of a com munlty converted hastily into law or action would some tlmo inn ken govern ment tyrannical and cruel. Constltu tions are checks upon hasty nctlmi of the majority. Thoy are tho self Im posed restraints of n whole peojf.p upon a majority of them to secure sober action nnd a respect for the rights of tho minority nnd of the in dividual In his relation to other Indi viduals and in his relation to the whole people in their character as o state o'' government. Tho constitution distributes the fun-- tlons of government into three branch es the legislntlve. to make the law: the executive to execute them, nnd the judicial, to decided in cases arising be fere it tho rights of the Individual as between him and others nnd ns be tween him and tho government. This division of government Into three sep urate brunches has nlwnys been re garded as a great security for the maintenance of free institutions and the security is only firm nnd nssured when the judicial branch is independ ent nnd lmpnrtlal. The executive and legislative branches nre reprosentntlve of tho majority of the people which elected them In guiding the course of the government within the limits of the constitution. They must net for the whole people of course, but they may properly follow nnd usunlly nuglit to follow the views of tho majority which elected them in respect to the governmental policy best adapted to secure the welfare of the wholo peo ple. But the judicial branch of the government Is not representative of a majority of the people in any such sense, even if tho mode of selecting judges Is by popular election. In a proper sene Judges aro serv nnts of the people that is, thoy are doing work which must be done for the government nnd In the Interest of all the people, hut It Is not work In which the doing of they nre to follow the will of the mnjorlty except ns thnt is embodied in statutes lawfully en octed according to constitutional lim itations. They are not popular rep resentatives. On tho contrary, to fill their office properly they must be in dependent. They must decide ovory question which comes before them ac cording to law nnd Justice. If this question is between Individuals thoy will follow the statute or the unwrit ten law If no stntuto applies, und they take the unwritten law growing out of tradition nnd custom from previous Judicial decisions. If n statuto or or dinance affecting a cause before them is not lawfully enacted because it vio lates the constitution adopted by tho people, then they must ignore the statute nnd decide the question ns if tho statute had never been passed. This power Is a Judicial power im posed by tho peoplo on the judges by the written constitution. In early days .oino argued thnt tho obligations of tho constitution operated directly on the conscience of the legislature and only in that manner nnd that it was to bo conclusively presumed that whatever wbf done by tho legislature was constitutional. But nuch a view did not obtain without hard headoS, courageeous and farsighted statesmen nnd judges, and it was soon settled thnt it waB tho duty of Judges in cases properly arising before tLeni to npply tlio law nnd so to declare what wa the law nud that if what .Hirported to bo statutory law was at variance with tho fundamental law 1. e., tho consti tutionthe seeming statute was not law nt nil, was not binding on tho courts, the Individuals or nny branch of tho government nnd that it wns the duty of the Judges so to decide. This power conferred on the Judlclnry in our form of government is unique in the history of governments, nnd its op eration has attracted and deserved the admiration nnd commendation of the world. It gives to our Judiciary n po sition higher, stronger and more re sponsible than thnt of the Judiciary of any other country nnd more effectively secures an adherence to the funda mental will of the people. What I hove said has been to little purpose If It has not shown that Judges to fulfill their functions properly in our popular government must bo more Independent than In any other form of government and thnt need of inde pendence is grentost where the individ ual is one litigant nud the state, guided by the successful and governing ma jority, is the other. In order to main tain tho rights of the minority nnd the individual und to preserve our consti tutional balances we must hare judges with courngo to decide ngnlnst the majority when Justice and law re quire. By the recall in the Arizonn constitu tion it Is proposed to give the major ity power to remove arbitrarily and without delay nny judge who mny have tho courage to render an unpopu lar decision. By the recall It is pro posed to enable a minority of 25 per cent of tho voters of the district or state for no proscribed cause after the judge has been In office six months to submit the question of his retention in office to tho electorate. The petitioning minority must say on the ballot whnt they cnn ngnlnst him in 200 words, and he must defend himself as best he can In the same space. Other candidates are permitted to present themselves nnd have their namos print ed on the ballot so that the recall Is not based solely on tho record or the acts of the Judge, but nlso on the question whether some other nnd more populnr candidate has been found to unseat him. Could there be a system more in geniously devised to subject Judges to momentary gusts of popular pnsslon than this? We cannot bo blind to the fact that often an intelligent and re spectable electorate may be so roused upon an issue that it will visit with condemnation a just judge, though exactly in. accord with tho law gov erning the case, merely because it af fects unfavorably their contest. Con troversies over elections, labor trou bles, raelal or religious Issues, issues as to tho construction or constitution ality of liquor laws, criminal trials of popular or unpopular defendants, the removal of county seats, suits by in dividuals to maintain their constltu- tionnl rights ki obstruction of some populnr improvement these nnd many j Again. Judicial recall is advocated other cases oould be cited In which n on tho ground that it will bring the majority of a district electorate would judges more into sympathy with the be tempted by hasty anger to recall n i popular will and tho progress of ideas conscientious Judge if the opportunity I among the peoplo. It Is said that now were open all tho time. i Judges are out of touch with the move No period of delay Is interposed for j ment toward a wider democracy nnd a tho abatement of popular feeling. Tho recall is deviled to encourage quick action, and to lend tho peoplo to strike while tho iron Is hot. Tho Judge Is treated as tho instrument and servant of a majority of the peoplo and sub ject to their momentary will, not for a long period in which his qualities as a Judgo and his 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 meas uring his fitness for continuance in another term. On the instant of an unpopular ruling, while tho spirit of protest has not had time to cool, and even while nn appeal may be pending from his ruling in which ho may be sustained, he is to be haled before tho electorate ns n trlbunnl with no Ju dicial hearing, evidence or defenso and thrown out of office and disgraced for life because be has failed in n single decision, it may be, to satisfy the popu lar demand. Think of tho opportunity such a sys tem would give to unscrupulous politi cal bosses in control as they have been in control not only of conventions, but elections. Think of tho enormous power for evil given to the sensational, muckraking portion of tho press in rousing prejudice against a Just Judgo by false charges and Insinuation, tho effect of which in tho short period of j nn election by recnll, it would bo Im possible for htm to meet and offset. Supporters of such n system seem to think thnt It will work only in the Interest of tho poor, the humble, the wenk and oppressed; It will strike down only tho judgo who Is supposed to favor corporations and be nffected by the corrupting lnlluenco of tho rich. Nothing could bo further from tho ul timate result. Tho motive It would offer to unscrupulous combinations to sock to control poltlcs In order to con trol tho Judges Is clenr. Those would profit by the recall who have the best opportunity of rous ing the mnjorlty of the peoplo to ac tion on a sudden Impulso. Are they likely to bo the wisest or beat people in a community. Do they not Include those who have money enough to em ploy the firebrands nnd slanderers in a community and the stirrers up of social hato? Would DOt self respecting men well hesitate to accept Judicial office with such a sword of Damocles hang ing over them? What kind of Judg moats might those on the unpopular Bldo expect from courts whoso Judges must moke their decisions under such legalized terrorism? The character of the Judges would deteriorate to that of trimmers and tlmescrvers, nnd In dependent Judicial action would bo a thing of the past. As the possibilities of such u system pass in review Is It too much to characterize It ns one Vfhlch will destroy life Judiciary, Its standing nnd Its usefulness? The argument hns been made to Justify the Judicial recall that it Is only carrying out the principle of the election of the Judges by the people. The uppointment by the executive is by the representative of the majority, nnd so far ns future bias Is concern ed there is no great difference be tween the nppolntmeut and the elec tion of Judges. Tho Independence of tho judiciary is secured rather by n fixed term nnd fixed und irreducible salary. It is true that when the term of Judges is for a limited number of years and re-oloctlou is necessary It hns been thought and charged some times that shortly before election in enses in which popular iuterest is ex cited judges have leaned In their deci sions toward tho popular side. As already pointed out, however, In the election of Judges for a long and fixed term of years tho fear of popu lar prejudice as a motlvo for unjust decisions Is minimized by the tenure on tho one hand, while the opportu nity which the peoplo have calmly to consider the work of a judge for a full term of years in deciding as to his re-election generally insures from them a fair and reasonable considera tion of his qualities as a Judge. While, therefore, there have been elected Judges who hnve bowed before unjust popular prejudice or who have yielded to the power of political bosses in their decisions, I nni "convinced that these nre exceptional and that, on the wholo, elected Judges havo made a great American judiciary. But the Buccess of an elective judiciary certulnly fur nishes no reason for so changing the system as to take away the very safe guards which havo mudo it successful. Attempt is inado to defend the prin ciple of Judicial recall by reference to states In which Judges are said to have shown ' themselves to be under corrupt corporate Influence nnd in which it is clnlmed thnt nothing but n desperate remedy will suffice. If the political control In such states Is suf ficiently wrested from corrupting cor porations to permit tho enactment of a radical constituJonal amendment like that of Judicial recall It would seem possible to make provision in its stead for an effectivo remedy by im peachment, in which tho cumberotts features of the present remedy might be nvolded, but the opportunity for Judicial hearing nnd defense before nn impartial tribunal might be retained. Ileal reforms arc not to be effected by patent short cuts or by abolishing those requirements which tho experl ence of agos has shown to be essential in dealing justly with evory one. Such Innovations aro certain in the long run to plague tho Investor or first user and will come readily to the hand of the enemies nnd corrupters of society after the passing of the Just popular kwHg- nation that prompted their adoption. , greater coutrol of governmental ugen cles In the interest and for tho bene fits of tho people. The righteous nnd just course for n Judge to pursue Is or dinarily fixed by statute or clear prin ciples of law, nnd the cases on which his judgment muy lie nffected by his political, ecouomic or social views arc lufrequent. But even In such cases judges nre not removed from the iieople's Influ ence. Surround tho judiciary with all the safeguards possible, create Judges by appointment, make their tenure for life, forbid diminution of salary during their term nnd still It is impossible to prevent the influence of popular opin ion from coloring Judgments In the long run. Judges are men Intelligent, sympathetic men, patriotic men and in those fields of the law In which the personal equation unavoidably plnys a pnrt there will be found n resjxmso to sober populur opinion ns It changes to meet tho exigency of tho ooclal political and economic chnnges. Indeed, this should be. Individual instances of n hidebound nnd retro grade eonservntlsm on the pnrt of courts In decisions which turn on the individual economic or sociological views of the judges may be pointed out, but they nre not many and do not call for rndlcnl action. In treat ing of courts we nre dealing with a human machine, liable Hko all tho In ventions of man to err, but we nre dealing with n humnn Invention thnt likens itself to n divino Institution be cause It seeks nnd preserves Justlco It has been tho cornerstone of our gloriously free government. In which tho rights of tho Individual nnd of the minority have been preserved, while governmental nction of the ma jority has lost nothing of beneficent progress, efficacy nnd directness. This balance was planned In the constitu tion by its frnmcrs nnd hns been main tained by our independent Judlclnry. Precedents nro cited from state con stitutions snld to be equivnlont to n populnr recall. Jn some Judges nro re movable by a vote of both houses of tho legislature. This is a mcro adop tion of the English address of parlia ment to tho crown for tho removal of Judges. It is similar to impeachment in that a form of bearing is always granted. Such a provision forms no precedent for n Qopulnr recall without adequate hearing nnd defense nnd with now enndtdntee to contest the election. It is said the recall will be rarely used. If bo it will be rarely needed. rhnn why adont a system so full of angor? But it is n mlstnko to sup pose that such a powerful lever for in fluencing judicial decisions and such an opportunity for vengeance because of adverse ones will bo allowed to ro- mnln unused. But It Is snld thnt the peoplo of Arizona nre to become an independent state when created, and oven if wo strike out Judicial recall now they cnn reincorporate It lu their constitution after statehood. To this I would nnswer that in deal ing with the courts, which aro the cor nerstone of good government and In which not only the voters, but tho nouvoters nnd nonresidents, hnve n deep Interest ns n security for their rights of life, liberty nnd property, no mntter whnt the future action of the stnte mny bo. it Is necessary for the nuthnrltv which Is prlmnrily responsi ble for Its creation to assert In no doubtful ton" the necessity for nn In dependent nnd mitrammeled judiciary. WIT.T.IAM II. TAFT. REPUBLICAN CANDIDATE For PROTIIONOTAni' To the Republicans of Wayne County: Pursuant to the requests of my many friends in tho county and the general understanding three years ago that I should again offer myself as a candidate for the nomination for Prothonotary at tho coming pri maries, September 30, I would state that after a short start by way of an education in the public schools of Wayne county, I completed a course at tho A. M. Chlsbro Seminary In Monroe county, New York. My post graduate course was about thirty years in the school of hard knocks as a farmer and lumberman In Wayne county. Have met many peo plo in tho varied relations of a busi ness man and this long experience has enabled me to meet many whom I esteem ,as my friends and gain at least enough knowledge to appreci ate the neecs ana requirements of my fellowman. My aim has steadily been to deal honestly, frankly and fairly with all and to dearly cherish all of our country's institutions, and to en courage and assist every true effort to maintain and advance them. 1 Invite the fullest investigation of my record and with pleasure refer you to the expression given at the polls by my home district three years ago as Indicative of the feelings of those who know me best. Although al ways a resident and largo taxpayer In Wayne county, I never asked for office except on the afore mentioned occasion when I was defeated by M. J Hanlan who, though opposed to me, never, to my knowledge, said or did anything detrimental to me. I therefore earnestly request your support and promise if nominated and elected to faithfully perform the duties of tho office to the very best of my judgment and ability and in all things observe the spirit of the Golden Rule. Faithfully yours, WALLACE J. BARNES. REPUBLICAN CANDIDATE FOR COUNTY COMMISSIONER. G. rflMONS, Sterling, Pa. H. F. Weaver Plans & Estimates Furnished Residence, 1302 EastSt. Arcti and Builder PROFESSIONAL GAUDS. Atlorncya-ot-Luw. H WILSON, . ATTORNEY A COUNBELOK-AT-LAW. Office adjacent to Tost Office In Dlmtulck office. Honesdale. Pn. WM. H. LEE, ATTORNEY A COt'NBELOR-AT-LAW. Office over post office. All local buslnesi promptly nttended to. Honesdale, Pa. Ill 0. MUMFORD, li. ATTORNEY A COUNSELOR-AT-LAW, -Office Liberty Ilnll building, opposite tl e Post Office, Honesdale, Pa. HOMER GREENE. ATTORNEY A COUNSELOK-AT-LAW Office over Kelt's store, Honesdale Pa. Charles a. Mccarty, ATTORNEY A COUNSELOR- VT-LAW. Special and prompt nttentlon elven to the collection of claims. Office over .Keif's new store Honesdale. Pa. P. KIMBLE. ATTORNEY 4 COUNSELOR-AT-I.AW Office over the post office Honesdale. Pa. ME. SIMONS, . ATTORNEY A COUNSELOR-AT-LAW Office in the Court House, Honesdale Pa. PETER H. ILOJF, ATTORNEY A COUNSELOR-AT-LAW, Office-Second floor old Savlnes Br il bulldlne. Honesdale. Pa. QEARLE & SALMON, ATTORNEYS A COUNSELOR8-AT-LAW. Offices latelv occupied by Judge Searle s CHESTER A. GARRATT.C ATTORNEY A COUNSELOR-AT-LAW Office adjacent to Post Office, Honesdale, P Dentists. DR. E. T. BROWN, DENTIST. Office First floor, old Savings Bank build Inc. Honesdale. Pa. DR. C. R. BRADY, DENTIST, HONESDALE, PA. Office Houks-8 a. m. to 6 p.m. Any evening by appointment. Citizens' phone. 33. Kesldence. No. 86-X' Physicians. PB. PETERSON, M. D. . 1120 MAIN STREET, HONESDALE, PA. Eye and Ear a specialty. The fitting of glass es given careful attention. Certified Nurse, MRS. C. M. BONESTEEL, GLEN EYRE, TIKE CO., PA., Certified Nurse.lP. S. N. Telephone-Glen Eyre. 17mol Livery. LIVERY. b red. G. Rickard has re moved his livery establishment from corner Church street to Whitney's Stone uarii ALL CALLS PROMPTLY ATTENDED TO. FIRST CLASS OUTFITS. 75yl fMttttftfttMH ! :; SPENCER The Jeweler would like to see you If t you are in the market! for JEWELRY, SILVER4 WARE, WATCHES,? CLOCKS, DIAMONDS, J AND NOVELTIES I i "Guaranteed articles only sold." it;;tn,ni i i 1 ;miui8tffluntinim.ug WHEN THERE IS ILLNESS in your family you of course call a reliable physician. Don't stop at that; have his preacriptions put up at a reliable pharmacy, even it it is a little farther from your home than some other store. You can find no more reliable store than ours. It would be im possible for more care to bo taken in the selection of drugs, etc., or in tho compounding. Prescrip tions brought here, either night or day, will be promptly and accurately compounded by a competent registered pharmacist and the prices will be most rea sonable. O. T. CHAMBERS, PHARMACIST, Opp. D, & II. Station, Honesdale. Pa, i:mt: HOTEL pST. BENSS' ROADWAY and 11th ST. NEW YOIJK CITY Within caw accc of every point of in tf.rett. mil block from M'nmakt' nuiui rum excellence ol evixn comfortable appointment!, courter service ana homelike aanoundn Rooms $1.00 pjr day anil i With privilege of Bath 01 .50 per day and Up EUROPEAN PLAN Toil d'Hota Breakfatt 60a WM.TAYLOR Y SON, Ine.