Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-03-31
Referendum Benefits.

The people of the District will gain
certain obvious benefits if Congress
grants the proposed referendum on the
liquor question:
l. Congress will recognize in prac-
tical. definite way its peculiar obliga-
ton. in legislating for the unrepresented
District, to ascertain carefully and to
carry out scrupulously the reasonable
wishes concerning its own local affairs
of the unrepresented community itself.
The American principle of representa-
tive government demands that every
legislature shall voice in legislation the
opinions and wishes of those whom it
represents. Congress as local legisla-
ture OF a community which has not
elected it even in part must in equity
approximate compliance with this
American and representative principle
by acting as if it had been chosen by
the capital community. 1t must as
consequence represent in such local leg
islation reasonable public opinion among
its capital constituents, in due subordi-
nation, however, to the paramount ma
tional interest. This local public opin-
ion on legislative issues of sufficient i'm
portance to warrant the trouble and ex-
pense involved is wisely and reliably
ascertained through Il carefully safe
guarded referendum vote.
This principle of legislation and its
application to Congress as the Districts
legislature are not the mere creations
of the Imagination of the presumptuous
Washingtonian. Some of the Presi-
dents of the United States are included
among the thinkers who have vigorously
and convincingly taught this doctrine.
The first President to urge specifically
the application of the injunction "Put
Yourself in His Place" to legislation for
the District by legislature not chosen
by it was William Henry Harrison in
his inaugural address. He said (1S4D:
''The grant to Congress of exclusive
jurisdiction in the District of Columbia
can be interpreted so far as respects the
aggregate people of the United States as
meaning nothing more than to allow
to Congress the controlling power nee
essary to accord free and safe exer-
else of the functions assigned to the
general government by the Constitution.
In all other respects the legislation of
Congress should be adapted to their Pc
euliar position and wants and be con.
formable with their deliberate opinion
of their own interests"
In a veto message (1s67) President
trine, saying in part:
in all matters then affecting their do
nestle affairs the spirit of our demo-
cratic form of government demands that
their wishes should be consulted and
respected. 1t was evidently
contemplated that all local questions
would be left to their decision at least
to an extent that would not be ineom
patible with the object for which Con-
gress was granted exclusive legislation
over the seat of government.
As general rule sound policy requires
that the legislature should yield to the
wishes of the people, when not incon-
sistent with the Constitution and the
laws. The measures suited to one com
munity might not well be adapted to
the condition of another; and the per-
sons best qualified to determine such
questions are those whose interests are
to be directly affected by any proposed
law"
Washington has IN several instances
cast these advisory referendum votes, as
upon a proposed code of laws and upon
negro suffrage in the District. Where
Congress authorized the advisory vote
II followed the advice given. Where
the referendum was unauthorized the
vote was disregarded.
If Congress should now authorize the
proposed referendum it would be acting
in accordance with precedent and in
conformity with principle governing
its local legislation which is recognized
20 be wise and fair.