Evening journal., 1920-01-15
The Sort of Referendum
That is Poss bic TO The Treaty.
(From the Ne W York sum-

The great and solemn referendum
which President Wilson suggested
when he notified the dinner party that
/ personally he did not accept the ac-
| ton OF the Senate as the decision NJ the
nation Is pronounced an impossibillty by
some OF The suns friends who have
written 10 us.
Able lawyers and discerning laymen
agree In pointing out 10 the President
mat the Constitution he has sworn to
uphold contains no provision for sub
hitting to popular vote the question OF
ratifying or rejecting a negotiated
treaty; indeed, no provision for a Fed.
eral referendum Of any kind, in the
sense In which the word has come 10
be used in processes Of State legislation.
How, then, ask these intelligent critics
OF the Presidents proposal. can there
DE an authoritative expression Of the
popular VIII concerning a matter for
which the Constitution provides an
other and very definite method OF
decision under our representative form
OF gove nment? And this decision IS
The very decision which Mr.. Wilson,
personally" refuses TO acceptl
Technically and in the narrow sense
there Is no legal way Of submitting
directly TO the voters at the election
next November the question, shall
the inteIwOven treaty and covenant be
ratified without the dotting OF an 81
or the crossing Of " as the President
demands?"-the question to be an
swered Yes or No on the Federal bal
lot, Just as now the voters in a State
election signify their approval or dis
approval Of a proposed change In the
State Constitution.
physically, 1t would of course be nos
siDle Tor the voters for President to
SIGNIFY their wishes next November on
supplementary scrap Of paper accom-
panying their Federal ballots: but even
II the election officers should so far
strain their functions as to receive and
count these extra-oflcial ballots and TO
declare the result Of the unofficial bal
loting, the decision" would have no
more legal status than a straw vote 3
taken on the railroad trains, or the 1
canvass by QUESTIONABLE Of the col
lege faculties and under graduates, or
any similar extra-legal expression.
The Senate would still be as free as
before to exercise its functions with
rega' TO the treaty; TO give or to with
hold its advice and consent as to rati-
ncatlon.
The present Executive would stlll be
Tree to follow his own course, under
NE constitutional limitations applying
10 him. From what we have observed
Of his cha acter and disposition, we
mink it extremely likely that II the
'esult OF such vote next November.
though cast upon his own appeal 10
he people, failed to please him person. ,
lily or to suit his ideas and purposes.
p resident Wilson would not hesitate
o repudiate it and to refuse 10 accent
I as the decision Of the nation, Just as
he ignored the adverse vote Of No !
'ember, 1918, likewise rendered at his ,
But the Sun credits the President 6
With too comprehensive a knowledge !
" American forms and precedents 10
suppose for a moment that the sort of .
great and solemn referendum" he had :
n mind when addressing the Jackson :
Jay diners was the sort OF referendum ,
'ur correspondents agree in consider I
ng as legally and constitutionally in !
Elective.
There is a broader method OF refer 5