South Bend news-times. (South Bend, Ind.) 1913-1938, 1917-10-27
SUFFRAGE LAW IS
HELD INVALID BY
SUPREME COURT
Thousands of Indiana Women
Will be Denied Vote Next
MOnth-RuIe Only PO-
IitiCaI Privilege.

indianapolis. oct. -. The
Indiana woman's suffrage law was
held 70 be unconstitutional By the
Indiana supreme court Friday. A.
a result. thousands of women who
expected 70 vote ar the municipal
elections 10 be held next month will
not be permitted 70 do so.
Justice Harvey dissented from the
decision Of the other three Justices
OF the court. Justice Spencer wrote
the decision, il being concurred In
10y Justices Meyers and Larry.
The supreme court held that un-
der the present Indiana cOnstitu-
ton, which defines voters as male
citizens" the legislature did not
have the authority to confer the
right Of franchise on women as il
attempted 70 do when in session in
1917. The court held the question
before il 10 be constitutional only,
and did not take up the contentious
OF the interests attacking the law
that 10 permit women 10 vote would
cause great additional expense, and
much confusion.
Only Political Privilege.
In its decision the court said the
right Of suffrage was nota natural
or inherent right but purely a polit-
ical privilege. and was a matter for
the people TO decide i'm their ca
pacity as creators Of the constitu-
ton or organic law. Discussing the
argument of the lawyers for the
women that the legislature could
give women the privilege of voting
regardless of the provision of the
constitution that electors must be
male" citizens p years old or
more. the court said II the conten-
ton was correct the legislature could
pass a law permitting persons less
than p years old 70 vote.
The right OF franchise is a politi-
cal privilege only which originates
from the people in their organic
law, or through the legislative ac-
ton taken after the people have
authorized such action, the deci-
sion said. The two things which
governed the case before the court,
and which made the law invalid,
the court said were article two.
section two, Of the constitution,
which defines the electorate which
may participate in all elections, and
second that the general assembly
has not the authority to extend the
right Of franchise OF persons not in
cluded in the definition set forth in
article two, section two Of the con-
stitution.
Filed Months Ago.
The suit was filed several months
ago in a Marion county court by
w w. knight, a local business
man. The lower court held the law
10 be unconstitutional. and issued
an injunction against the election
officials Of Indianapolis, forbidding
them to permit women TO vote. The
lower court said that Knight was
entitled to an injunction TO prevent
women from registering, but as the
matter was one which would be
presented 10 the supreme court and
the time was SO short that decision
probably could not be given before
the time for registration had eXpir-
ed. no injunction against that part
Of the preparation for the election
was issued. Thousands of women
registered here. As the case stood
until the decision by the supreme
court today only women in Indian
apolis were enjoined from voting.
The decision by the highest court
in the state, holding the law in
valid is OF statewide effect. and al
though the only injunction as yet
issued is against the election Off
Gals Of Indianapolis women in no
Municipality probably will be per-
mitted 70 vote, the supreme court
declaring they are not entitled TO
do so. The court also held women
are not entitled 70 vote for school
commissioners.
Plan Further Fight.
The decision Of the supreme court
holding the law unconstitutional
caused the women who are interest
ed i'm the franchise to start more
serious consideration Of "a further
tight TO gain the privilege Of voting
according to statements OF their
leaders made late Friday after they
learned OF the courts decision.
At first thought the women were
not inclined to think the way for
obtaining a suffrage law is open in
the near future The first opinion
was that they should unite and
work for the national suffrage con-
stitutional amendment. and In the
meantime prepare for the next ses-
sion OF the Indiana legislature. The
fact that the court decided the leg
islature cannot enfranchise women
unless the people first shall author
ize the general assembly To take
such action caused some doubt az
10 what the campaign before the
next session should be. Through an
election IS about the only way the
authority could be given the legis-
lature by the people.
Much Work To he Undone.
The decision will have the effect
OF causing much work In the way OF