The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-06-17
Davidson Chancellor Holds Woman
Suffrage Law Unconstitutional
Case Turns Resolution by Which Legislature Undertook to
Prescribe Separate Ballot Boxes and by Which Court
Holds Lawmakers Admitted Was Abortive

Holds Lawmakers Adm
AS stated in Mondays News, Chan
cellor James B. Newman, OF David
son county, at Nashville, decided the
woman's suffrage case. holding that
the act of the last legislature giving
women the right to vote in presiden-
tial and municipal elections unconsti-
tutional.
Chancellor Newman held that the
act as passed by the recent legisla-
ture was unconstitutional and void.
The resolution amending the act did
not reach the dignity of a statute,
the court held. and is not a law. as
it does not fulfil the requirements Of
an amendatory act.
BY this resolution, which provided
separate ballot forms and ballot
boxes for the women. the legislature
expressed the opinion that the suf-
frage act was abortive, said Chan
cellor Newman. The votes cast by
one class OF voters cannot be sepa-
rated from those Of another. he said.
1t would be an intolerable condition,
he further held, to allow two classes
of voters to vote together without a
cannot vote in all of the elections in
which the other is voting.
No person has an inherent right to
vote. the court held, this right being
one granted to the voter by the state.
John Bell Keeble, of counsel up
holding the constitutionality of the
suffrage act, said that the case would
be taken to the supreme court as
whether it would be possible to have
tho anf ~ at fhA nFaQAnf
term or not.
.Newman's Opinion. I.
/ Chancellor Newman in his opinion
cites first the act and the resolution
and then says:
THE bill in this cause was filed to
enjoin the defendants, in their off,
cial capacities, from executing the
duties devolving upon them under an
act of the legislature granting women
limited suffrage.
"The bill assails the constitution
atty of the act on several grounds
and of the resolution on the ground
that an existing law cannot be
amended by a mere resolution passed
without the formalities required in
the passage of bills. The legal suf-
ficiency of the assaults made in the
bill on the act and the resolution are
challenged by a demurrer containing
twelve Specifications or grounds.
1.-THE resolution quoted does not
rise to the dignity of a statute. 1t
requires a law 10 amend law, be-
cause that which alters should be of
equal solemnity and dignity to that
which is changed. A resolution is
not law. 1t ssnot enacted with the
same formality required by the or
ganic law in the passage of bills, nor
is it in the form required of an
amendatory act. These provisions
of the constitution which prevent
hasty and inconsiderate action re-
quire an amendatory act to be read
and passed on three different days
in each house, and to recite in its
caption or otherwise the title or sub
stance of the law amended. The res
olution which did not pass either
house, more than once. does not at
tain to the dignity of an amending
statute. 1t is elementary in this state
that a bill cannot be amended by
resolution.
This resolution has no curative
powers, but is a legislative recogni-
ton and declaration of the infirmi-
ties of the act to which it relates.
The legislature may, in the form of
a resolution, express an opinion, but
it cannot adopt that mode of proce-
dure in enacting laws where the Or
ganic law which created it has COM
manded that 1t legislate in a differ
ent manner.
Presidential Electors.
"By section / of Article II of the
Constitution of the United States,
presidential electors are appointed by
the state "in such manner as the
legislature thereof may direct" This
confers upon the legislature, in the
manner of appointing such electors.
power superior to any like power that
could be conferred upon it by the
people through a state constitution.
THE legislature under this power
can elect or appoint electors in any
manner it deems proper. But in the
instant case the legislature was not
dealing with the subject of appoint
ing or providing for the selection Of
electors, but was dealing with the
subject of comforting upon women
limited suffrage.
but the legislature could not have
provided in such an act or In subse-
uuent act that other than electors quail
fed under the state constitution could
vote for the members of the general as
sembly. In exercising the power con-
ferred upon 1t by the federal constttu- :
ton, the legislature Is not warranted
purposes and multiplying other sections
of the state constitution relating to It..
The method adopted by the legislature
=