Evening star., 1933-12-13
Local Control Referendum.

on advisory vote. tt commissioners
and the citizens would be demanding
only what is logical and fair IN peu-
tioning Congress for the right OF SELL
EXPRESSION on this question or any other
legislative proposition of vital interest.
A grant by Congress OF such peu-
tion would be recognition OF its pecunar
obligation, IN legislating on matters al
fecting this city, to ascertain carefully
and to carry out the wishes OF the local
community. The American principle OF
representative Government cemanos
that every Legislature shall voice IN
legislation the wishes and opinions OF
those it represents. Congress, actlns
as a local Legislature for the people OF
the District, could obtain this opinion
through advisory vote under referen-
dun.
In his inaugural address William
Henry Harrison, in 184l, pointed out
that:
The grant to Congress Of exclusive
can be interpreted as far as respects
the aggregate people of the United
States as meaning nothing more than
to allow to Congress the controlling
power necessary to accord a free and
safe exercise of the functions assigned
to the general Government by the Con-
stitution. In all other respects 'he leg
islation of Congress should be adapted
to their peculiar position, and wants
and be comformable with their dellb-
crate opinion of their own Interests.
In a veto message in 1867, President
Andrew Johnson declared, in much the
same vein:
In all matter thus affecting their do
mestic affairs the spirit of our Demo-
cratic form of Government demands
that their wishes should be consulted
and respected. 1t was evidently
contemplated that all local questions
would be left to their decision, at least
to an extent that would not be mcom-
patible with the object for which Con-
gress was granted exclusive legislation
over the seat of Government. As
a general rule. sound policy requires
that the Legislature should yield to the
wishes of the people. when not incon-
sistent with the Constitution and the
laws The measures suited to one COM
munity might not well be adapted to
the condition of another, and the per-
sons best qualified to determine such
questions are those whose interests are
to be directly affected by any proposed
laws
Thus, the equities and reasons for
local referenda on certain matters af-
fecting the people of the District have
been argued before. Washington has
cast advisory referendum votes before
as under proposed code of laws and
on Negro suffrage. When Congress au-
thorized the referendum, the advice thus
ascertained was followed; when the ref
erendum was not authorized by Con-
gress, the advice given was disregarded.
Advisory local referendum votes
showing local public opinion, for ex-
ample, concerning forms of taxation
which are favored and those that are
repugnant and showing local approval
or diSapproval of proposals to spend
large amounts for specified objects from
the fund contributed by local taxpayers
would thus be in exact accord with the
requirements of justice and fair play.
And it is in respect to such PROPOSE
tions that the grant of a referendum
vote will be of greatest value to resi-
dents of the District
There are however, obstacles to the
application of the sound referendum
principle to the liquor control issue in
the District of Columbia. A real
referendum on liquor control for the
District of Columbia, would. of course,
include test of local opinion, or the
exercise of local option" on the
fundamental question whether the Dis
trict is to be wet or dry. That is the
primary question that people in self
determining communities decide for
themselves.
But the Commissioners presumably
consider that question already decided
in advance. The Congress is wet
Liquor is already being sold in Mary
land, and the nearby places of sale en-
JOY large patronage from Washington
Within a few months liquor will pre-
sunably be on sale across the river in
Virginia. Leaving other matters aside
the practical possibility of making a
dry island of the District of Columbia
is small, indeed.
There are other practical difficulties
an DIVIDING small c0rnDapt area like
the District of Columbia into sections
for local option exercise, and these diff
dculties are plainly recognized.
But since Congress, and the Commits
sioners are assumed as assuming tina
the District as whole would favo
liquor control rather than prohibition
so it might safely be assumed, on th
basis of practically unanimous verba
expressions and the precedents of th
past, that residential sections of th
city desire that hard liquors should no
be sold in residential areas. This pro
lection of residential areas had been ex
tended gradually under the old law
prior to passage of the Sheppard &C
until it is estimated that about three
fourths of the District was dry befor
prohibition. This trend was indicates
in one section of the Jones Works lay
OF 1918:
Hereafter no license shall be granite,
for the establishment or maintenance o
q bar room or other place for the sal