Every evening, Wilmington daily commercial., 1922-07-20
THE REFERENDUM.

AHo tcheuu Hhsetnpiy OK NorylAnu,
At this years session. passed a SOL
dicrs' Bonus bill. subject to a refer
endum at a popular election. Tho VAL
dity OF tho measure was challenged.
on tho ground that tho Legislature
had exceeded It's powers IN ordering the
submission OF an enacted law TO n
popular referendum, and this week the
Court OF Appeals gave decision on the |
question. This decision set aside the
law as being in co~ntravention OF the
State Constitution, and tho opinion
by the court on his matter was very
olenr and expressive. The court held:
/. Tho people OF Maryland hay
ing delegated to the Legislature OF
Maryland tho power Of making its
laws. that body could not legally
or validity redelegate the power
and h authority thus conferred
upon II 20 tho people themselves.
2. The people Of the State from
whom tho Legislature itself de-
rives It's power, having prescribed
In the Constitution OF tho State
the I'm which Its laws shall
De enacted. II Is not competent for
tho Legislature TO prescribe any
other or different n IN which
fs laws may be enacted.
In view Of the tendency Of recent
years TO popular legislation instead
81 legislation by representatives
chosen by tho people for the purpose.
this plain ana emphatic decision Is Of
great im~portAncc. II at least makes
II clear that II the people Of n State
desire popular legislation instead of
legislation by chosen representatives.
they must 60 provide IN their funda-
mental law. The power OF referendum
may not otherwise ne employed by
the Legislature for n purpose.
Nearly half a century e this ques
tion v1s raised IN Delaware by n move
10 secure from the legislature a Local
Option law IN regard 20 the sale q.
intoxicating liquor IN this State. The
ate Hon Thomas r. Bayard having
been askcd for a legal opinion. b,
gave one 20 the same effect as IN,
opinion OF the Maryland Court OF Ap'
peals. above quoted. That the peopl'
Of Delaware, having delegated 20 thei
representatives The duty OF maxim,
laws, the Legislature could not m an.
manner Delegate this duty 10 tn
people. In respect Of local option eleo
tons. however. the present Constitu
ton. promulgated IN 1898. provide
clearly and explicitly for such elcc
tions.
But IN regard 10 other matters c
legislation, It Is doubtful II tho refer
endum can be lawfully employed
our State. Tho Constitution, Sectio
I OF Article II. says:
Tho legislative power Of this
State shall DO vested In a General
Assembly. which shall consist Of a
senate and House of Representa-
t.ves.-
There seems to be no room here 4
the Legislature 10 delegate It's Law
mixing .powes TO the people in ar
n other than In respect OF loo
opt,on. for which the Constitute
makes plain provision. In al 9th
respects the hw-making authority
vested exclusively in the Legislatui
and Il does no. seem 70 Be within q
province OF that body TO delega
any OF its authority. even as 70 pop
lar approval Of rs acts. 10 the poop
vsrdicts Of approval Or disappgoy
py the people may be rendered or
~ The ensuing electiona.
The referendum, however. has be
conferred upon the people Of loo
communities In regard TO measures
which they are Immediately concern
such Is bond issues for public I
provelnents. There is q special j
allowing tho people Of Wilmington
resort 10 the referendum in matt
OF local legislation. but II WIS e
ployed upon only one occasion. a do7
Or No years ago. In the matter OF
river front Improvement project ]
-mandats Of rhe people ~ that ref
endun election was plain and q
phatic. bu. Il WAS fiouted by h
thoritses and nothing resulted from
Even the voters comprising the la
popular majority made no display