New-York tribune., 1918-03-19
Whitman in
Late Message
Aids the Drys

Continued from page
the Constitution of the Unied States
prohibiting the manufacture, sale ant
transportation of Intoxicating liquors
''The Federal Constitution provides
the method by which the people of the
state may act, and the only methoe
! by which they may legally ratify o,
reject such a proposed amendment
namely, action by the Legislature
Not Up to the People
II would not be opposed to allow
ing the people of the state to settle
the liquor question by direct vote, il
it were possible under the Federal
constitution, but this measure confers
no power whatever upon the people
l do not oppose the measure in it's
present form because it is a referen-
dunn My objection is that it is not
and cannot, be a referendum, as tho
pubic understands the term. A ref
erendum vote on a proposed amend
ment to the state constitution is deci-
sive. The result of a vote under this
measure, should it become a law. would
leave the Legislature exactly where i:
now is. -
"Not single member of the Leris-
lature would be legally bound to abide
by, the result of the proposed So
called referendum hence such vote
would not relieve any member of the
Legislature of his Ultimate and un-
escapable responsibility either to ratifv
or reject.
Should the majority in the state be
against prohibition. no man elected
from district with a prohibition ma
jorlty could be expected, as the renrc-
sentative of his constituents, to vote
against prohibition. Nor is it likelv
that man elected from so-called
wet district would vote for prohihi-
ton, even though the majority in the
state might be for prohibition.
Campaign Without Meaning
"In other words, the result of cam
paign under this proposed measure
would be without meaning and without
effect. 1t is an evasion and deception,
and ! am not willing to be party to
the foisting upon the public of a dis
! honest measure.
III the Assembly IN square accept
ance of its responsibility had rejected
the proposed nationa! prohibition
amendment, no matter how much |
might have doubted the wisdom of such
an action, should not have interfcred
There has been and there will be no
effort on the part of the Executive to
compel ratification. 1t is exclusively
| ify or reject. Far better that the
/ amendment be rejected now and be
left Tor the acticn of subsequent
j Legislature than to permit ;his decep-
tion to be imposed upon The people.
CAS- the members Of your honorable
body we'll know, the present law, as
enacted last year, provides Cor real
referendum on the liquor question in
every town and every city of the state
where the citizens desire that such vote
! be had
ut Is interesting to note that many
OF the supporters of this proposed So
called referendum were, only year
ago, IN open opposition to the sub
mission of ain honest referendum to the
people on the subject of prohibition
anne endment to the state constitution,
and were bitter in their opposition to
{ the present local option law of the
state with its provision for an effective
referendum in every city.
Many Honestly Misled
II do not question, however, tha:
some of the members of your. honorable
body have been honestly mislcd in this
matter
Judge Ruggles, presiding judge oi
the Court Of Appeals, speaking FOR the
court in the case of Barro vs.. Himrod
as far back as 1853, in regard to tho
delegation of legislative authority
said:
The Legislature has no power tc
make a statute dependent on such q
contingency, because it would be con-
fding to others that legislative discre-
ton which they are bound to exercise
themselves and which they cannot dele
gate or commit to any other man OF
men to be exercised. They have nc
more authority to refer such a question
to the whole people than to an indivd-
ual The people arc sovereign, but
their sovereignty must be exercised in
the mode which they have pointed out
In the Constitution.
All legislative power is derived
from the people; but when the people
adopted the constitution they sur
rendered the power of making laws tc
the Legislature and imposed it upon
that BODY as duty; they did not re
serve to themselves the power of rati-
lying or adopting laws proposed by the
Legislature, except in the single case
OF contracting public debt. They prob
aoly 1oresaw the evil consequences
liAe!y to arise from such reserva-
tion; these are we'll and forcibly cx-
pressed by Mr.. Justice johnson in his
opinion in the case of Johnson agt Rich
33 Barb. G36. Il regard it, said he, 'as
an unwisc and unsound policy, calcu-
lated to lead to loose and improvidcnt
legislation, and to take away from the
ieXialator all just sense Of his high
ana enduring responsibility to his con.
stItuento and to posterity, by shifting
That responsibility upon others. FIX,
perience hns also shown that laws
passed IN this manner are seldom per
mhnent, but are changed the moment
= the instrumcnt under which they are
ratified has abatcd or reversed its cur
rent; Of All the evils which afflict a
state, tina. Of unstable and cnpricious
while this decision dealt with the
] right OF the Lcgislaturc To make q