The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-20
NOW ron A STRAIGHT FIGHT.

agreemen. the jordan enabling act, which will |
if adopted submit TO the people for their de. =
cison the principle OF Statewide prohibition. I
So far as technical law 10 concerned even
II the enabling act carries, and, after petition
Of fourth OF the qualified voters, . majority
Of the people should declare themselves at the
ballot box as In favor Of the enactment Of a
Statewide prohibition Law. the next General As
sembly would not be bound In terms to grant
the expressed wish OF the people.
Naturally, no Legislature would. under such
circumstances, be so bent political suicide as
to take so narrow a view OF SO fundamental an
issue. We emphasize this phase OF the mat
tcr simply In order to reply to the specious
pleading Of the Constitutional lawyers Al
ways 70 much in evidence when a successful
frontal attack is sought TO be negatived by q
movement In flank
II Is known that the result OF the argument
in tho House will be the passage OF the Jordan
act In fact, it is expected from present indi-
cations that there will be a minimum Of oppo
sition to its passage as n matter Of principle.
On the contrary, 1t will be argued with gravity
that the legislation proposed is uncoustitu-
tional. 1t will be said that. while the General
Assembly has the right to pass statute of
statewide prohibition, IL 1t 50 desires, 1t has
no right to refer its own decision In such 4
matter to the sentiment OF the people as a
whole. Remember that whether the Jordan act
passes or net, the present General Assembly
will not act upon the question OF prohibition.
II will not pass an act dependent upon the vote
Of the people for Its ratification. All that is
proposed is that the Legislature leave the alb
Mract question to the people for its own
lghtenment. And that Is denounced as being
unconstitutional. Could anything be more alb
surd? Surely legislator has the risht'to ask
trusted friend for advice without being guilty
OF malfeasance In ONCE Has not the General
Assembly as a whole an equal and a better
right to ask advice OF the people by whose
faith and trust 1t comes into existence and
maintains its organization? 4s--
We might dignity this contention by citing
the already established principle Of local OPP
ton which gives to a community the right TO
determine under a general act the very ques-
tion which 1t is now asked that the State
large be permitted to determine under a gen
eraI act with the exception that. under the
local option statute. the peoples vote makes the
law while under the Jordan act, 1t merely ere
ates a moral obligation on the Legislature 10
enact the law declared for. We might compare
the referendum OF constitutional amendment
with the referendum concerning 4 principle
upon which statute Is to be based with logical
advantage. SO far as representative government
10 concerned. to the latter case. All this, how
ever. il beside the mark to any who win
reflect that even the Constitution has a mas
ter in the people. and that all that Ia asked in
this legislation is a polling OF the popular opin-
ion. There are some sorts OF Law that are
base and fundamental as bedrock principles.
because u takes no law To understand them
This matter of the Jordan enabling 10 that sort
cf.law. /, is Law because It plumbs the popular
conception OF right. t-.
Now that the issue is on the point of being
definitely decided in one House OF the General
Assembly. II remains only that every advocate
OF that truly representative government which
.esosaigss she people ~ saxsEasn- shosid4 4gtEs
such demonstration Of strength and determi.
nation as to further stifen the backbone and
nerve the arm Of Senate fatering under the
harassment OF the MGR: selfish Of personal In
terests Let the responsibility be made plain
and uneauivocaI And then. with all the moral
advantage Of decisive victory In the body
most directly from the SOIL most responsive to
popular sentiment. let the people take the fight |
Into their own hands far a. TO declare In
Numistaksblc terms to the Senate that II will
be judged 1t shall give voice. or fail TO give
voice. to the popular demand!