New-York tribune., 1911-12-28
THE BRONX REFERENDUM
Formation Of New County Can Be Sub
mitted to Voters, Says Lawmaker.

TO the Editor of The Tribune.
( Sir: | have been much Interested I'm the
! published discussion relative TO the forma-
ton OF a new county in The Bronx, and es-
peclally the question of referring the mat
ter to a vote Of the people interested. The
propriety OF this course seems to be gem
orally conceded. but the point Is pressed
that there is no constitutional way In
which II can be accomplished. This obJec-
| tlon, if valid. would. of course, be not
only serious, but prohibtiye.
There can be no doubt that the constitu-
| ton fixes the authority by which legislation
| can be enacted, and that laws must be
| made by the Legislature and not by the
| people direct. But there are ways I'm which
| think the desired object can be attained
without any conflict with constitutional
| limitations.
During the seven years In which ! served
| In the Legislature-ff from 1871 to lS17-partly
! I'm the Assembly and partly in the Senate.
| / constantly mGde use of what is now called
| the referendum" in local matters inyolv-
ing taxation, and so far as 1 know it was
the first systematic employment of that
principle I'm such matters in ,his country.
then in vogue. and we simply called the
practice submitting to the people
At that time the districts which / repre-
sented, first in Queens County and after
ward embracing queens. Suffolk and Rich
mond, had been subjected to enormous eX-
pense for local improvements made under
special acts Of the Legislature, and in my
first campaign | promised that every act in
volving local taxation passed during my
term should be submitted TO the people i'm
mediately interested for their approval he
Assembly district was heavily Democratic,
but | was elected as a Republican by a
large majority, and continued to be SINH
IarIy elected, and twice by unanimous
votes, until promoted TO the Senate; and
have always attributed what was consid-
cred phenomenal success very largely to
the sense Of security which the people felt
under that pledge. From first to last it was
never disregarded, and any one who chooses
to examine the session laws for the five
Years from 1871 TO 1919 will find over twenty
laws introduced by me In the Assembly
TO which the submission clause was ap-
pended When a candidate for the Senate
the same pledge was made TO the enlarged
constituency on both islands, and I was
elected by 900 majority, while the district
went 200 Democratic, thus running $500
ahead of the ticket and this | believe was
largely attributable to the same cause.
A list of the bills thus passed with sub
mission clause would be uninteresting now
but they embraced acts for the erection OF
expensive school houses, the construction Of
highways the mapping of villages the pur-
chase OF steam fire apparatus and a multi
tude OF local Improvements incident TO the
growth Of the suburbs of a great city.
Now. how was this accomplished legally
and consttutionally? In a very simple
manner. which can be seen by reference to
any Of these laws running from 1871 to 1871.
After the desired provisions had been in
serted and the bill was perfect for opera
tion there was appended a section com
mencing substantially as follows no ac-
ton shall be taken under the provisions or
this act until il shall have been approved
by majority OF the voters OF the town
or district, as the case might be; or, in
other cases. worded follows: THE said
board shall take no steps in pursuance
hereof until the same shall be approved by
a majority OF the voters" etc.
This. you observe. did not interfere with
the power Of the Legislature. The law was
passed by the Legislature and by IT alone:
but the time Of its taking effect or OF taxi
ing action under II was fixed by the act
itself at a time subsequent TO It's approval
No objection was ever made to this course
OF procedure Nearly every one of these
acts involved the issuance Of bonds, some
times to a large amount; but no question OF
legality was ever raised. The people were
satisfied because they We're consulted, and
the constitutional powers of the Legislature
were preserved
To the Older generation these facts are
entirely familiar, but among the younger
they may not be we'll known. and so |
have thought it possibly seryceable TO re-
call them to mind.
l.. BRADFORD PRINCE
Flushing Long Island. Dec %, 1911.