The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-06-17

tied Act Was AbOrtlVe.
for the selection of presidential electors
is an agency OF the state provided Tor
in its Constitution and statute laws.
namely, the November election. When
directing the manner OF appointing
presidential electors the legislature IL
free to make a choice OF any agency
It will use. yet II II adopts method
provided by the state for It's use ana
controlled by the state constitution. x
must accept the agency as II mas IL.
subject to all state constitutional re-
quirements and limitations. II II ADOPTS
an agency not controlled by the state
constitution, II is unhanlpered tnerepy
in making all regulations.
This act is not method 70 select
presidential electors, but an effort 10
determine who shall participate IN an
election provided for in the constitution
and laws of Tennessee, which the le&is-
lature long since adopted as the method
OF electing these electors.
THE fact that they are given the
right to vote for presidential electors
does not convert the suffrage act into
an act directing the manner In which
presidential electors shall be appointed
by the legislature any more than II
converts IL into an act directing the
manner in which municipal questions
shall be submitted.
Limited Suffrage.
TT Is neither more nor less than an
act comforting limited suffrage on
women. II it be construed as an act
directing how presidential electors shall
be appointed and municipal questions
submitted. then 1t is void because the
matters are not embraced in the cap
ton of the act.
Section S of Article 1, and Section
of Article 4 of the constitution. pre-
serve the freedom, equality and purity
of the legislature which imperils the
ballot in this respect, by offering oppor-
tunities for fraud in the way of electors
voting for candidates that they are
forbidden to vote for under the constt-
tuition OF the state, is in violation of
these constitutional mandates. It would
be an intolerable condition to permit
one body of electors to go into secret
compartment to mark a ballot contain
ing the names OF the candidates, for
office, for which they were prohibited
from voting, and deposit these ballots
with the ballots of electors that could
vote for all the names on the ballot,
without any safeguard to protect
against these electors voting for peo-
pie for whom they could not vote by
law.
ut is not a question what the great
majority of the electors enfranchised
under this act would not do, but what
some might or could do II they chose.
The constitution was intended by its
members not only to safeguard right
but to protect against wrong.
Voters under the act involved are
given the right to vote in the Novem-
Der elections. when presidential cleo
tors are chosen. together with q num-
Der of other state officers. The law
governing such elections requires the
names of all candidates to be printed
on one ballot and kept together. No
provision is made In this act for sepa-
rating the ballots of the voters pos
sessing limited suffrage from the bal
~ nf hA -
frage.
THE act as 1t stands gives the right
to an official ballot to women to be
marked and voted secretly with the
names of candidates' thereon that they
are constitutionally ineligible to vote
This section of the act offends the
constitutional guarantees that elections
shall be free and equal. and the purity
of the ballot box.
Not an Inherent Right.
mo person has the inherent right to
vote. 1t is a granted, rather than a.
natural right. The legislature may
grant, abridge, or take away, in its dis
erection, the voting privilege from any
class of its citizens except where IL is
limited or restricted by the state con-
stitution or forbidden by the federal
constitution.
THE suffrage clause is not only a
guaranty that the classes therein emu
merated shall not be denied by the
legislature the right to vote, but II is
limitation on the power of the legis-
lature to grant, the right to any other
persons than those named.
ut would seem to follow that where
the word election is used in the con-
stitution 1t was used by the trainers
in the sense it was understood at the
time the constitution was adopted. and
at that time only males could vote.
A political election was commonly UNI
derstood at that time to be the act of
choosing government officers OF the
state. district, county and city.
THE only question that was deter
mined and that was made necessary
by the question involved was that the
suffrage clause of the constitution ap-
piled to elections referred to in that
instrument and such offices as might
be created by the legislature. It was
necessary to determine this so as to
determine whether a primary election
was within or without the suffrage
and election clauses of the constitution.
Municipal Corporations.
1T has long been established by the
authorities that municipal corpora
lions have two characters-govern
mental or public and proprietary or
private. In it's governmental or public
character the corporation Is made by
the state one of its instruments of GER
power, to be exercised for the public
good on behalf of the state rather than
for itself 1t is purely q part OF the
government machinery OF the sover-
eighty which created it.
I'm its capacity as an arm or branch
OF the state government, and in the
exercise of its governmental functions
1t is considered as political subdivi-
sion of the state; and it's governing
or political rights are all to be regu-
lated by these provisions of the con-
stitution which refer to It in that ca ca
Y. S. 240; Dillon on Municipal Corp,
Sec. 66. smiddy VS.. city OF Memphis.
lao Tenn. 81; Re-districting cases IL
Tenn. 267; Mayor VS.. Lee, ~ Lea, 454.
The second paragraph of section 20
or article II of the constitution pro-
vides But the credit of no county.
city or town shall be given or loaned
association or corporation except upon
an election TO be first held by the
qualified voters of such county, city
or town, and the assent of three
fourths of the votes cast at said cleo
ton; nor shall any county, city or
town become a stockholder with 9TH
ers in any company, association or cor
poration except upon a like election and
the assent of like majority.
The suffrage act in question. in Sec
ton ! thereof, empowers a woman to
vote upon all questions or PROPOSE
tions submitted exclusively to the vote
of the electors of such municipalities"
If the credit of a city cannot he
given or loaned except by certain
vote Of the qualified voters" and
qualified voters under the constitution
are male voters. then what sound rea-
son can be advanced why the makers
of the constitution would require
male voters only to take part in an
election pledging the credit OF a city
and not require municipal officers who
collect and disburse all revenue and
handle the financial affairs of the city
to be elected by a like class of votes
1t seems that this same proposition
arose in the case OF Scwon VS.. zcarneki