The citizen. (Honesdale, Pa.) 1908-1914, August 23, 1911, Image 2

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Joint Resolution Returned to
Congress Condemns!).
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
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
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 be iw
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
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''
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
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
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.
To the Republicans of Wayne
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,
G. rflMONS,
Sterling, Pa.
H. F. Weaver
Plans & Estimates
Residence, 1302 EastSt.
and Builder
Office adjacent to Tost Office In Dlmtulck
office. Honesdale. Pn.
Office over post office. All local buslnesi
promptly nttended to. Honesdale, Pa.
-Office Liberty Ilnll building, opposite tl e
Post Office, Honesdale, Pa.
Office over Kelt's store, Honesdale Pa.
Charles a. Mccarty,
Special and prompt nttentlon elven to the
collection of claims. Office over .Keif's new
store Honesdale. Pa.
Office over the post office Honesdale. Pa.
Office in the Court House, Honesdale
Office-Second floor old Savlnes Br il
bulldlne. Honesdale. Pa.
Offices latelv occupied by Judge Searle s
Office adjacent to Post Office, Honesdale, P
Office First floor, old Savings Bank build
Inc. Honesdale. Pa.
Office Houks-8 a. m. to 6 p.m.
Any evening by appointment.
Citizens' phone. 33. Kesldence. No. 86-X'
Eye and Ear a specialty. The fitting of glass
es given careful attention.
Certified Nurse,
Certified Nurse.lP. S. N.
Telephone-Glen Eyre. 17mol
LIVERY. b red. G. Rickard has re
moved his livery establishment from
corner Church street to Whitney's Stone
fMttttftfttMH !
The Jeweler
would like to see you If t
you are in the market!
i "Guaranteed articles only sold."
it;;tn,ni i i 1 ;
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,
Opp. D, & II. Station, Honesdale. Pa,
ROADWAY and 11th ST.
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
Toil d'Hota Breakfatt 60a