The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-07-26
SUPREME COURT HOLDS
!. WOMAN SUFFRAGE
VALID.
Judge Grafton Green Delivers
Majority Opinion Sus-
taining Law.
B AC H NJ AN DISSENTs
Every Phase of Objection Met
and Legal Test Applied, Re-
sulting in Dismissal of Bill.

\
sulting in Dismissal of Bill.
Nashville, July 26.--(Spe-
cial. Woman suffrage stock
in Tennessee advanced several
hundred points today, and the
poll tax market is threatened
with being "bulled" as the re-
suit of the decision of the su-
preme court of the state, in
which the act was held to be
constitutional and valid, and
Chancellor James B. Newman's
decree in chancery reversed and
the case dismissed.
The opinion Of the court,
written by Judge Grafton
Green, was not concurred in by
Judge Nathan L. Bachman, Of
Chattanooga, who d;ssented on
the grounds that the suffrage
act, chapter 139 of the acts Of
1919, does not present consti-
tutionally valid exercise of leg
islative authority for the reason
that il is discriminatory and vio-
lative Of Article XI, Section 5,
of the constitution, which deals
with the payment of poll taxes,
in that the legislature has no
right to pass any law granting
to individuals any rights, privi-
leges, immunities or exceptions,
other than such as may be by
the same law extended to any
member of the community who
shall be able to bring himself
within the provisions Of such
law. In other words, the ex-
emption of women from the
payment Of poll taxes and the
lack Of any mandatory clause in
4 the suffrage act providing For
the same is held to be in viol>-
tion Of the above section Of thu
state constitution, according to
Judge Bachman's dissentinry 7
opinion. Nj
THAT women cannot participated in
all elections is because of the inhibi-
tions of the Constitution. In those
elections in which they may vote,
their rights, qualifications and prlvi-
! leges should be the same as other
voters. no more, no less" concludes
Judge Bachman's opinion.
Opinion of the Court.
The opinion of the court as set
forth by Judge Green deals with
every phase of the disputed statute
and resolution upon which the women
of Tennessee base their claims foi
the privilege Of voting in municipal
and presidential elections.
Dealing first with the power OF the
legislature, in the exercise of which
it passed the suffrage statute and
the resolution providing for ballot
boxes, etc, the courts opinion says:
1T is said that the legislature was
without power to pass such an act
under the constitution of Tennessee,
and it is further said that if such
power be conceded the legislature, it
was not exercised in this instance in
a constitutional manner.
I'VE think the question of the
power of the legislature to pass such
law is absolutely an open question
in this state and is not touched by
any previous decision Of this court
Here the opinion sets forth the
provisions of the constitution bear
ing upon the question of the ballot
and elections, namely, Article /. Sec
ton 8; Article ~, Section 1; Article
III. Section 2; Article VI Sections 8
and 4; also section 13 of the same
article, and Article VII, Section /.
Continuing, the opinion says:
From the foregoing (the articles and
sections of the constitution cfted) IL
is seen that the constitution provides
for the election of members of the
general assembly and civil officers
of the county or district by male
persons. Likewise the governor must
be elected by the voters with the
same qualification; that is to say,
male persons II is provided with
respect to the other elective officers
mentioned in the constitution that
they shall be chosen by qualified
voters.
"The argument for the defendants
Is that inasmuch as no provision is
made in the constitution of Tennes-
see with reference to the selection
Of municipal officers and electors for
president and vice president, it is
for the Legislature to pro-
vide for the selection of such officers
in any manner and by any means
that the legislature deems proper.
Qualified Voters.
"Our constitution defines qualified
voters and provides that certain Of
flcers shall be elected by such 'quali-
fed voters We might with little
difficulty, therefore, say that mas
much as the constitution has emu
certain officers to be chosen
by qualified voters such Limitation
upon the manner of the selection OF
officers not enumerated was implicitly
excluded. But no problem OF con-
struction eonfronts US in the matter
and this is by reason Of the provi-
'ions Of Article VII. Section 4.
1T has been shown that the legis-
ature for many years has provided
'or the selection of officers, other
han constitutional officers. in any
manner that II thought best. In nu-
nerous cases the legislature has Sc
ected these officers itself The Iegis-
ature has continued the exercise Of
is constitutional authority to pro-
tide for the selection of oficers not
mentioned in tho constitution.