Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-08-07
Suffrage Decision
(Continued from Page one)

OOx1 0A< D&AA0AVAt
Continued from Page One)
ninety days thereafter. petitions APP !
parently bearing the requisite num- |
Der Of signatures, were filed with the |
Secretary of State. requesting that
this act be referred to the people UNI
der amendment XXI Of Article "
Of the Constitution of Maine. known /
as the initiative and referendum |
amendment.
Question.
is the effect of the Act Of the
Legislature of Maine of 1919. entitled
An Act Granting to Women the
Right to Vote for Presidential Elec-
tors" approved by the Governor on
March twenty eighth. 1919. suspend
ed by valid written petitions of not
less than ten thousand electors, adj
dressed to the Governor and filed In
the office of the Secretary Of State
within ninety days after the recess Of
the Legislature. requesting that it he
referred to the people. and should the
Act be referred to the people as pro-
vided In Article ~ Of the Constitu-
ton Of Maine, as amended by
Amendment XXI adopted Septem-
Der II. 1905:
Answer.
This question we answer in the
Affirmative. In our opinion this
legislative act comes within the pro-
ond, Of the provisions and require
dunn amendment and should be re-
fefred to the people for adoption or
rejection by them.
70 Aoive this problem 1t Is neces-
sary to pursue the same general
course as in. deciding the question
concerning the prohibitory amend
ment to the Federal Constitution, by
an Examination first OF the pro-
visions and requirements Of the Con-
stitution Of she United States relat-
ihk to this subject matter, and see
6no, Of the provisions and require
ments Of the Constitution OF Maine.
The first question that naturally
arises IL this, where under the Fed
eral Constitution is lodged the power
g oetermining in what manner
Presidential electors shall be chosen
ana OF prescribing the qualifications
Of the voters therefor?
It was competent for the people OF
the United States IN creating the
compact known a. the Federal Con.
sdtution to lodge this power wher.
ever they saw At. It was q matter
wholly within their discretion. It II
. ven known historical fact tina,
there was . leng and spirited debate
in the Constitutional Convention
over this very question, that is, the
method to be adopted in electing the
Chief Magistrate Of the Nation. Many
plans were submitted, such a. elec-
ton by Congress. by the people al
large. by the Chief Executives of the
several states. and by electors APP
pointed by the Legislatures. / FL
lott Deb. zes. I'll. 217, 1sz.
Finally the following provisions,
which were presented by Gouverneur
Morris for the Special Committee,
were adopted by the Convention after
much discussion and were incor-
porated in Article II of the perfected
instrument. where they stand un-
. changed today. viz:
Each state shall appoint, in such
manner as the Legislature thereof
may direct. a number of electors
equal to the whole number Of Sena-
tors and Representatives to which
the State may be entitled in the Con-
gress. &c. Art. II. Sec. 2.
the Congress may determine the
time OF choosing the electors and the
oay on which they shall give their
votes; which day shah be the same
throughout the United States" Art
II, Sec. 4.
These two sections comprise All
the provisions of the Federal Com
stItntion applicable to the point in
issue mere. Under Section 1, Con-
gress 10 given the power to deter
mine the date Of holding presidential
elections and Of the meeting Of the
electors. but that marks the limit Of
1s constitutional power. In re
0feen. 1S4 U. 8. SIT. All other
powers In connection with this sub.
Joct are expressly reserved to the
States. Mcpherson v. Biacker. 1ae
6s1.s "
IA the case last cited, the Supreme
Court OF the United States SAYS:
Ene privilege to vote in a state a
WITHIN the Jurisdiction Of the state
80, a,s.c. &c e.elclseo as the state
~ 49, u upon sucn terms az
!. courS0 no discrimination IL r,nade he.
! ] ; ! !: !;
tween individuals in violation o. tina
Federal Constitution"
the WORK appoint" mn er,rin,,.a
. In sectton has been interpreted 20
L - - =. -