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Show LEADING FACTS OF NEW MEXICAN HISTORY of the he declared recall would make their decisions under ‘legalized terrorism,”’ feature compel nt Be tees ne head ae i condemnation which h a in his of the i PP. J PSL Paso ee oe oe are Pa Pn Pine eae ee ee, eee a8 we oe ee oy " geo tees a ee he an en oS te be Ge ey ey eee Se ee ee eee ee ic. ee oe oe weeae ata See ee hor words constitution, judges to ‘‘The provisio Pe of the courts under the constitution. oe n of the Arizona constitution,’’ he said, ‘‘in its application to county and state judges, seems to me so pernicious in its effect, so destructive of independence in the Judiciary, so likely to subject the rights of the individual to the possible tyranny of popular majority, and therefore to be so injurious to the cause of free government, that I must disapprove a constitution containing it.’? Much of the message was devoted to a discussion of the functions The president dwelt tein Be ee Be = ee ea PhP vn at length on the necessity of freeing the Judiciary as much as possible from polities or popular influence, and referring to the recall provision asked, ‘Could there be a System more ingeniously devised to subJect Judges to momentary gusts of popular passion than this?’’ On the afternoon of August 18, the senate passed a resoluti on presented by Senator William Alden Smith by a vote of 53 to 8. It was stated that this resolution was accepta ble to the president. In the debate over the resolution, the house of representatives was i, eee os Ai np. charged with arebr eran et tee eS io BO & Jan ae oe Saran = ea At Sie REO - a’ er * oe ee ° oe Y ss oe 17 ITAA Prominent New Mexic 1e ans of e the , ae mae fy 1. Numa Reymond. 2. John H. Riley. 3. 8. M. Ashenfelter. 4. Dr. L. G. Kennon eet °°: Twenty-two republicans twenty-seven democrats, and four ‘‘progres Sive’’ or ‘‘insurgent?? senator s voted’ in favor of the Smith-Flood resoluti on. Two democrats, two republicans, and four insurgents voted against it. . i we ee Ce a |ae a po ae ie Senators Bailey and Heyburn were the only two senators opposing it, who had also voted against the passage of the original Flood resolution.®° On the 19th, the Smith-Flood resolution, which had passed the Senate the day before, was passed by the house of representatives by a viva voce vote. e. PETE Pahet: fs SPS PSP 9. pha Pe Tere St a bees take etary ae not ee PS Co ae eh a2i akeee Lien den he rae 4¢-> oe ee ee FPBindY alent ©A + hy ome ones ere ty aoe * oa Sai Pare det evading a vote on the presidential veto, and the president was likewise charged with endeavo ring to coerce the people of Arizona on the proposed recall of the judiciar y. On the final vote ae no oe Arizona aman Spared MI house of representatives, vetoed the Flood resoluti on providing for the admission of the new states. His reasons for exercising the executive power of veto were based upon his thoroug h disapproval of the recall-of-the-judiciary feature in the Arizona constitution. The fact that the fate of the New Mexico constitution was bound up with that of Arizona made no difference to the preside nt in formulating his opinion upon the question of admission. ‘President Taft ae 092 |