Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-02-09
Attorney for the Anti-Saloon
League Explains Opposition
to Proposed Referendum.
INSISTS ALL AMERICANS
HAVE AN EQUAL INTEREST
Points Out Also That No Machinery
for an Election Is in
Existence.

Reasons why the advocates of prohih,-
ton for the District of Columbia are OPP
posed TO the referendum in the matter OF
the District prohibition bill were set forth
by w. 3. Wheeler, attorney for the ANTI
Saloon League of America, at a meet
ing of the dry workers at noon today
Mr.. Wheeler claimed the District OF
Columbia is made the seat of govern
ment by the Constitution and belongs
to the whole people of the United
States and he questions the right OF
residents only, not electoral citizens
under any laws in existence, to dictate
legislation that affects property rights.
buildings and contenes(-that belong 10
the whole body OF the nation and sub
ject them to all the dangerous hazards
that everywhere inhere in the liquor
traffic.
Has Exclusive Jurisdiction.
Congress" he said, has exclusive juris-
diction over the District for making laws,
and any referendum OF legislation for the
government Of the District could be Of
legal effect only as a petition for or
against a proposed act Of Congress. Such
a vote by residents OF Washington" he
says. was recorded in 1853. favoring pro-
hibition Ct the liquor traffic by large
majority, and was totally disregarded by
Congress.
"A referendum election in the Dis
trict" he contended, rs not only ira
There is no election machinery and
no standard of qualification for the
electorate and to secure a referendum
for any given purpose would require
the creation of an electorate with
qualifications, registration and ali the
complex mechanism Of a suffrage sys-
tenn.
The residents of the District have
acquired citizenship, property. social.
family and moral interests in the Dis
trict. because they are domiciled here
or are officials or employees Of the gem
eral government. This was done with
the constitutional guarantee that they.
their families and interests will be
| under the legislation of the national
authority.
Might Lose Their Votes.
Thousands of clerks and appointees
| would be forced tc give up their citi-
zenship in the states in order to vote
here on one question only. The states
would deny them the franchise If they
voted here to protect their families
| from the saloon. II they did vote here
and lose their citizenship in the states,
thereby. If the people of the nation
want to make the District an inde-
| pendently governed subdivision like a
state, with adequate election machinery
! anu Sal0Bu ~ scCurc the TlSul5 VI
the public on all questions. the tenn
perance people will meet the issue here
as they have in the states.
"A referendum to the states through
their legislatures to amend the ma
tional Constitution is the only method
provided. A referendum to the people
of the District is not only not provided.
but by the presidents of court deci-
sions is probably not authorized. Four
states adopted prohibition by refer
endum vote under state constitutions
similar to the national Constitution on
this subject matter.
Laws Declared Invalid.
The supreme courts declared these
laws unconstitutional because they
were submitted to the votes of the peo-
pie without constitutional authority
for such referendum. Why would not
that happen also in the case of a ref
erendum in the District of Columbia
without constitutional warrant there
for?
The states that provided state refer
endums have provisions in their consti-
tutions authorizing it. There is no such
provision in the federal Constitution.
Congress has never heretofore Welded.
its exclusive power to legislate for the
District to previous petitions for refer
endums on tax questions. educational
measures. franchises. tenement houses
and slum reforms; the abolition of the
red light" reservations, lotteries, gam
bling. race tracks or other subjects of po-
lice power The Fiftieth Congress passed
an act to prohibit the manufacture or
sale of adulterated foods or drugs in the
District of Columbia without referen-