Every evening, Wilmington daily commercial., 1920-03-30
TUESDAY, MARCH so. 1920.
f,,sui1t'T IsysO1na 9estsfdsy axsas 1906
Rcd Meaning Of the Referendum.

Some person Who is opposed 20 referen-
Ixium upon the Woman's Suffrage question
Mas widely circulated q pamphlet, arguing
| I hat no referendum in Delaware is bind
bne except the referendum provided by
lour Constitution relative to Local Option.
Nc Quotes freely from the case of Rice V.
iFoster. Every LAWYER is familiar with this
ease and most laymen have heard OF 1t.
Nobody bas even suggested that
referendum upon Woman's Suffrage can
be binding" upon the next Legislature
lt can only be advisory" We believe
that upon so important question as the
proposed amendment 10 the Constitution
.f Delaware, providing for Woman
Suffrage. even an advisory referendum
would be very helpful.
The writer of the broadslde wants no
referendum at all. He wants action and ne
wants il now. The wishes of the people
should he disregarded unless they com
eide with his wishes. Senator Gorrnleys
suggestion that Unconstitutional amend
ments be submitted to the people, is
sound. II should be written into our law
Until il is the law We should recognize the
spirit, by providing an ADVISORY reieren-
dun" This is easily done and while not
binding" would be most enhghtening
and possibly controlling.
In our form Of government, the powers
not delegated and not forbidden arc re-
tanned by the people. The power TO
Grant suffrage to women is still retained
by the people of Delaware
The case of Rice VS.. Foster involved
the constitutionality of an act OF the
Legislature. which provided that II the
majority of the voters in anv county
should vote against license, the sale OF
Intoxicating iquors should immediately
be unlawful, and the verdict Of the people
at the polls made law.
Our courts held that the Legislature
could not delegate its lawmaking power
even to the people This decision has
slwav been acuuiesced III and recognized
as sound iau. but the proposition to sub
mt the question of Woman's Suffrage TO
q referendum. as we understand H. Is
merely TO get the sentiment OF the people
Of Delaware upon the subject oi suffrage,
and the result of the vote will not, IT Is
contended. become a law, nor would 1t
even be binding upon the next Legisis-
tture: but it would give to the Legislature
the sentiment of the people OF the State
upon this important question. And while
II would not be binding. we have no
doubt il would have a great effect upon
the Legislature.
Our Constitutional Convention pro-
yided that our State Constitution should
oplv be amended by the Legislature by a
i1po-thirds vote Of each house, and ratlted
iby a two-tbiYds vote of q subsequently
elected Legislature, chosen when the
lpeoplaknew the issues that were pending
1t would. therefore, seem but right that
this question should be submitted to the
people and their opinion ascertaIned be-
fore Legislature with no mandate iron
1.-THE people attempts bv mere maiorit.
vote to indirectly amend our State Con
stitution
What reason has any fair minded person
90 fear the taking of the sentiment of the
people of the State upon this important
question. and why are not the people
Of the State entitled to record the
opinion upon this amendment to th'
Constitution before the Legislature should
presume to act for them?
Let the utor,le speak