Evening star., 1934-09-12
light Final Edition
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AlarzzIa..d and NiEnrisasa
The Issue Still Unsettled.

Regardless of other things, it is
unfortunate that the Commissioners
will not seek review and clarification
of the decision by Justice Let's yes
terday by which the proposed Takoma
Park referendum has been enjoined.
The opinion of the court leaves the
impression that the referendum might
have proceeded as planned, had not
Commissioner Allen publicly expressed
himself in advance as having made up
his mind to abide by the advice of the
referendum. Such an impression, of
course, is confusing. 1t might indi-
cate that in future the Commission
ers, seeking the advice of citizens on
matters affecting the citizens, could
choose the advisory referendum as
method of obtaining such advice. But
they must carefully refrain from
stating whether or not they intend to
follow such advice, once it is given.
This does not leave the issue in the
Takoma Park referendum very clear.
That issue is whether the Commits
sioners, under a set of given circum-
stances, may ask the citizens to ex-
press their wishes by marking ballots
and dropping them in boxes, instead
of attending public hearing and
testifying, or signing petitions, or an
swering personal telephone calls from
the Commissioners.
Clarification of this issue would
have been valuable, regardless of the
Commissioners expressed determine
ton to seek from Congress specific
authority to conduct advisory refer
enda on the the liquor and other local
issues.
Under the circumstances, the fact
that Commissioner Aliens premature
statement that he would abide by the
result of the referendum weighed SO
heavily with the court is peculiarly
ironic. From the beginning of his ad-
ministration Commissioner Allen has
held that residents and taxpayers OF
the District should be given some
voice in their own government. He
proposed, at the outset Of the liquor
control act discussion, that citizens
of Capital communities should decide
for themselves whether they desired
licensed establishments within their
communities. After presentation to
the Commissioners Of petitions and
after a public hearing which appar-
emily left little doubt as to the pre-
dominating sentiment against the is
sue of licenses in that traditionally
dry community, Commissioner Allen
decided to make the final test by ref
erendum. The whole purpose Of the
referendum, of course, was to facili-
tate the process Of sounding out pub
1C Sc1tu1Cuk WAiNA, IA eAASh N@@SSA~
ton, the Commissioners would or
would not follow. When Commis-
sioner Allen stated what everybody
took for granted which was that he
would abide by the referendum, he
spilled the beans.
The right of the Commissioners to
order an advisory referendum is left
in doubt by the courts emphasis on
Commissioner Aliens statement. But
the court nevertheless is strongly i'm
pressed with the lack of power on the
part of the Commissioners to delegate
to the citizen and taxpayer Of the
District the right to take part in his
own government or to participate in
deciding matters that affect his we'll
being and his home. The opinion Of
the court thus takes its place beside
other commentaries on the denial in
the District of Columbia of the Amer
ican right of self government.