Evening star., 1935-12-18

portant issues became live topic. The
following excerpts are from a discus
sion in editorial correspondence OF
the referendum proposal at that time,
printed In The Star In the Spring of
1851
Referendum Benefits.
1. Congress will recognize in a prac-
ticaI, definite way its peculiar 0bliga-
tion, In legislating for the unrepre-
sented District, to ascertain carefully
and to carry out scrupulously the rea-
sonable wishes concerning its own
local affairs of the unrepresented COM
munity itself. The American principle
Of representative government demands
that every legislature shall voice in
legislation the opinions and wishes Of
those whom II represents. Congress
as local legislature of a community
which has not elected it. even in part,
must In equity approximate comph-
ance with this American and repre-
sentative principle by acting as II 1t
had been chosen by the Capital COM
munity. 1t must as a consequence
represent in such local legislation rea-
sonable public opinion among its Capt.
tai constituents, In due subordination,
however, to the paramount national
interest. This local public opinion on
legislative issues of sufficient import
ance to warrant the trouble and ex-
pense involved is wisely and reliably
ascertained through a carefully safe
guarded referendum vote.
This principle Of legislation and its
application to Congress as the Dis
trict's legislature are not the mere
creations Of the imagination OF the
presumptuous Washingtonian. Some
of the Presidents of the United States
are included among the thinkers who
have vigorously and convincingly
taught this doctrine.
put Yourself in His Place"
The first President to urge specific
ally the application of the injunction
Put Yourself in His Place" to legis-
lation for the District by legislature
not chosen by it was william Henry
Harrison in his inaugural address. He
said Q84D:
The grant to Congress of exclusive
Jurisdiction in the District of Colum-
bia can be interpreted so 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
co. IA avarNic0 ~ lo cc{o al
to the general government by the
Constitution. In all other respects the
legislation of Congress should be
adapted to their peculiar position and
wants and be conformable with their
deliberate opinion Of their own in
terests."
In a veto message (86O President
Andrew johnson elaborated this doc
trine, saying in part:
"In all matters then affecting their
domestic affairs the spirit of our
democratic form of government de-
mands 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 incompatible with the object
for which Congress was granted exclu-
sive legislation over the seat of gov
ernment. 1" AS a general rule
sound policy requires that the legisla-
ture should yield to the wishes of the
people, when not inconsistent with the
Constitution and the laws. The meas
ures suited to one community might
not well be adapted to the condition Of
another; and the persons best qualified
to determine such questions are those
whose interests are to be directly
affected by any proposed law"
Washington has in several instances
cast these advisory referendum votes,
as upon proposed code of laws and
upon Negro suffrage in the District.
Where Congress authorized the ad-
visory vote it followed the advice given.
Where the referendum was unauthor-
lied the vote was disregarded.
If Congress should now authorize the
proposed referendum it would be act
ing in accordance with precedent and
in conformity with principle govern
ing its local legislation which is recog-
nized to be wise and fair.
A District referendum would benefit
the people Of Washington, not only
by STRENGTHENING observance Of the
just principle which bases local legis-
lation upon local public opinion, but
also by demonstrating the political
strength of the Capital community
and thereby expediting the grant to it
by constitutional amendment Of repre-
sentation in Congress and the electoral
college.
The District Is seeking to demon
strate the strength, the intelligence
and the resources of the American
community collected at the Capital.
This demonstration is essential to the
speedy enactment of constitutional
amendment giving the Americans of
Washington American voting repre-
sentation in Congress and the electoral
college. Such a demonstration will
assure to the District Immediately
greater legislative consideration from
| Congress, even if the constitutional
amendment is not quickly adopted.
That the District may enjoy the
maximum Of this benefit it is essential
that the full vote of the Capital COM
munity as it exists today shall be de-
veloped. The referendum law should
therefore be so worded as to insure
this full representative vote, including
women as well as men, and including
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