Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1922-03-18

entfN WHAT the Wet tNllcliilsie Die
still clamoring for Temperance
and sobriety for the Nation are at
tainable. and are all that can be
reasonably hoped for under any set
of liquor laws it was with that
hope and aspiration that the de-
cisivc votes were given in the State
Legislature TO the ratification OF
the Eighteenth Amendment: IN
trust and confidence that Congress
and the several States would pro-
coed to the enforcement OF It III a
sane and practical way.
1t is on this latter question that
the main differences OF popular
opinion have arisen and have now
become so acute. The referendum
IS the only way likely to lead to a
permanent settlement of these dir
ferences for the rule OF the major
ity will ultimately prevail, once It
be ascertained by direct method.
This method has special import
ance at this particular crisis, Tor
the safety valve it would provide
Tor smoldering passions would be
boon in itself.
Therefore. the referendum is
TO be welcomed in the present
instance. To be sure, it would
have its serious drawbacks, in
that the campaign would be at
heavy cost to the organization on
both sides and that the rough and
tumble fight between the opposing
interests would be bitter one. We
take no stock III the charge, even
now being industriously circulated.
that the so-called 'liquor interests
would be able to ,hoodwink a ma
iority Of the electorate. any more
than the extremists on the side of
the Anti-Saloon League would be
able to do so. There would be solid
phalanxcs lined up under one ban
ner or the other, but here. too. the
balance of power would be held by
those who think and act for them
selves.
In this connection, however, it is
only proper TO point to the distinc-
ton between a referendum on en-
forcement and one on the question
OF ratifying an amendment TO the
Constitution of the United States.
In the latter case there can be no
such thing as referendum, for the
Constitution especially prescribes
the one and only way for acting, on
a proposed amendment, namely, by
the, State Legislatures themselves.
and il threc7fourths of them ratify
it. it AT once becomes a part of the
law of the land. That is the all
sufficient answer to the criticism
| that the Eighteenth Amendment
was adopted in Maryland without a
referendum, IT one had been pos
sible. nobody doubts that it would
havs been sought This did happen
in a number Of the other States,
with the well-known result that the
lpoint is now no longer open to ar
gunlent.
In the case of State enforce
ment act, however. the Constitu-
ton does not prescribe such a pro-
cedure. 1t is a matter for deterini-
nation by the Legislature. as part
of internal State government, with
a reservation that the entire elector-
ate shall have the privilege of going
on record concerning it. Whether
or not this procedure be constitu-
tional is strictly inattere of law. IT
that phase OF the matter should be-
come paramount or controlling, it
would be a matter for the Courts
to finally decide. The presumption
of law is i'll favor of the validity of
| the procedure, as that is one of the
cardinal principles, in constituting
statutes.
The opportunity before the
Legislators. in General Ascend
", is to decide this matter for
themselves and for their constit-
uents with all the light they can
get on it. and this. it is only fair
to assume. they are. conscienti-
ousE trying to do: but, at the
same time, the light that would
come by a direct expression from
the people themselves, the source
of all local authority. would prob
ably do more than anything else
toward settling question that is
still racking the hearts and
minds of the whole country.