Every evening, Wilmington daily commercial., 1918-03-13
WEDNESDAY, MARCH Is. 1918
Should First Go to the People.

NnOui0 fiISl SO tb tiS tVpiS.
The governor has seen fit to call n
special session Of tho Legislature, IN the
exercise of tho power conferred upon
him by the Constitution, on "extraor-
dinarv occasions 20 convene the General
Assembly by proclamation.
The governor, in his proclamation.
has suggested for consideration in the
special session, among other things, the
question Of the ratification of an amend
rnent 10 tho Constitution OF the United
States proposed by the Congress since
the present Legislature was elected.
The Federal Constitution provides, IN
trticle V, that an amendment proposed
hv two-thirds of both Houses of Congress
shall be valid when ratified by the Legs
laturcs Of thrce-fourths Of tho several
states. or by convention IN thrcc-fourthS
thereof. as the ono or the other modes Of
ratification may be proposed by the Con
grrSs
The ratification being by States, the
vote of Delaware counts. of course, the
chusctts, or Pennsylvania and il is diff
hcult to conceive what greater RESPONSE
hlhtv could bc imposed upon our little
State than that Of casting an equal vote,
unc of forty-cighi, upon the question
whether there should hc imposed upon
ono hundred million people a change IN
oir Fundamental law which would vItaly
affect their domestic concerns, affecting
them possibly against the viii Of the
greater States Of the Union and the
vote being by States, Irrespective Of
population against the will Of ma
lority Of the ono hundred million
This responsibility has been imposed
upon tho State. however. and tho citizens
Of Delaware must assume it, sooner OF
later, with full appreciation OF its gravity.
The question before the present Legisla-
turc Is this: Whether it would not be a
violation al the spirit Of tho Federal
Constitution. rs we'll as Of our fundamcn-
tai conception Of popular government,
that this Legislature. which was elected
before the amendment was proposed
should presume To act upon the question
Of ratification when the voters or Del
aware have had no opportunity 70 consider
il
4 strong legal argument could be
made 70 the effect that this was not the
intention OF the Article Of the Federal
Constitution above quoted, giving proper
weight to the effect of the alternative
method OF ratification BY convention
Il not the conclusion irresistible that
l. was assumed by the makers oI the
constitution that no amendment would
ever bc acted upon by Legislature that
was not elected after the peopewho select
81 them had had the opportunity OF con
sidering the proposed amendment?
In tho Constitution OF Delaware II is
expressly provided that an amendment
valid until It IS agreed to by Legisla-
turc elected after the proposed amend
mCnt had been published in the news
papers three months before that election.
4itS FlbN iSioH - AD CAfttSSADll
OF the prevailing modern conception Of
popular government and the functions
OF modern Legislature 1t surely seems
incredible that any unbiased man could
believe that this prior consideration by
the electorate is less necessary for so
momentus an act as the ratification of an
amendment 10 the Constitution Of the
I nIted States. than for an amendment to
the Constitution Of the State of Del
aware.
The underlying principle OF our gov
ernment IS that the viii of the majority
Of the people themselves should prevail,
and belief in this principle has Of late
years grown stronger and stronger.
Ii enables US 10 realize what mo-
mentous, if not portentous, thing is an
amendment TO the Federal Constitution.
if We dwell on the fact that when once
enacted, II lies in the power Of any
thirteen States though they be
the most insignificant in the union
to prevent for all time its alteration or
repeal, however desirous Of repeal the
vast majority of the whole people, as well
~ Of the States, might be
Next November new Legislature
will be elected in this State, which will be
selected BY an electorate having every
opportunity to consider in every aspect the
proposed constitutional amendment which
affects so profoundly the existing relations
Of the Federal and State governments,
heretofore considered fundamental in our
government.
The question, therefore, that must APP
peal with greatest force to the conscience
and judgment Of each member Of this
Legislature is whether he shall usurp the
functions Of the people of this State,
b. acting without their mandate upon
this proposed constitutional amendment.
Of leave the people Of the state to select
Legislature to carry out their asccr-
famed will