The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-07-26
TRIUMPH FOR
WOMAN'S CAUSE
Supreme Court Finds No Flaw
in Right of Suffrage
Bill.

| idential electors are not referred to
| in the constitution and there Is no
provision in that instrument as TO
| the manner of their selection, the
conclusion inevitably follows that I'M
der the provisions of Section 4, Ar
ticle VII, the election of such ON
GERS shall be made in such manner
as the legislature shall direct 1t is
therefore competent for the legisla-
ture to provide that such officers may
be selected by other instrumental
ties and 1t might confer the power
to select such officers upon the
women alone. There is no limitation
of the agencies it may employ.
I'VE are satisfied that 1t was with
In the power of the legislature of
Tennessee to confer on women the
right to vote for electors for presi-
dent and vice. president and munich
pal officers.
"Coming now to the objections to
this particular statute, II is said to
be uncon Institutional for that II arbi-
trarily diseriminates against male
voters, in that il frames the election
laws so as to require male voters
10 produce satisfactory evidence that
the poll taxes assessed them have
been paid, while IL exempts female
voters from that obligation.
ITO clear up the situation, we may
observe that we find no restriction
in the constitution upon the power
of the legislature to impose poll
taxes upon women. 1t is contended
by implication that the constitution
prohibits the legislature from impos-
ing a poll tax upon women. This
argument ignores the well-settled
l-Ia 10 oAnotiknttAna1 lint
tation upon the power of taxation
will never be inferred nor implied.
The right to tax is essential to the
existence of government and is pecu-
liarly a matter for the legislature
and the legislative power in this re-
spect can only be restrained by a
distinct and positive expression In
the fundamental law. 1t has been
held that the legislature might levy
a poll tax upon male inhabitants, as
well as upon male citizens.
Chapter 1919 of the Acts of 1919,
did not attempt to levy or assess any
poll tax against women. 1t manifestly
places no burden upon male voters
nor do we think 1t confers any inn
munity upon female voters. The
statute expressly requires that fe-
male voters shall in all cases, pro-
duce satisfactory evidence of the
payment of poll taxes assessed
against them, where a like duty is
cast upon male voters.
"The basis of the argument
must be referred to the omission
OF the legislature to pass an act
assessing women with a poll tax.
The statute before US does not
give 10 women any immunity
from the payment Of poll taxes,
but particularly recognizes and
declares their liability to such
taxation when levied. The whole
ground of the argument Of H.
legal distinction lies in the
present condition Of the law,
whereby men are required to pay
poll tax and women are not.
This classification OF the sexes
for purposes Of poll taxation is
made by the constitution itself.
That instrument mandatorily de.
elares that all male citizens shall
be liable TO poll tax. There 10 no
such mandate as to women.
licenses the discrimin alton of
which complaint is made, and as
matter Of course, a oonstitu-
kiOHdN ufSNI OdIUOk 10
unconstitutional"
In answer to the contention of |
the complaints In regard to the right |
of women to vote in municipal cleo |
tons upon residence in the state for |
one year and in the county for six |
months preceding the election, which |
1t was contended would be In viola |
ton Of the charter of the city of |
Nashville, the court held that the |
woman suffrage act could not be |
taken as a repeal Of any portion of |
the charter of Nashville in that the |
former is a general act applicable TO |
the whole state, while the charter of |
Nashville is a local law applicable to
that city alone. 1T is we'll settled
that a general law does not by i'm
plication, repeal a special law, I'M
less such legislative intent clearly ap-
pears"
The court held that only one
general sub ect is expressed in
the title Of the suffrage act and
was of the opinion that the body
of the statute oonformed to this
title.
Regarding the contention Of the
compliments as TO the lack OF
provision by regular statute for
separate ballot boxes, the court
says: THE pith Of these con-
tentions is that no separate ballot
box is provided for women by the
act conferring the right Of suf-
frage upon them"
The powers of the state cleo
ton in providing ballot boxes for
men voters were summarized by
the opinion that the power TO
provide a box implies the power