The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-07-26
WOMAN SUFFRAGE
MEASURE UPHELD
BY HIGH COURT
CONTINUED From First Pags.)

] tlnueu inc tNtTfItt Dl us NnHEllLuLlblthl
authority to provide for the selection
OF officers not mentioned In the con-
stitution.
Since municipal officers and presi-
| dental electors are not referred to in
the constitution and there is no pro-
vision in that instrument as to the
manner OF their selection. the conclu-
sion inevitably follows that under the
provisions Of section Z. article Z, the
election Of such officers shall be made
In such manner as the legislature shall
direct It Is therefore competent for
the legislature TO provide that such Of
ficers may be selected by other instru-
! mentalities and II might confer the
power 10 select such officers upon the
women alone. There is no limitation
Of the agencies it may employ,
I'VE are satisfied that IL was
within tho power OF tho Legislature OF
| Tennessee TO confer on women the
right 10 vote for electors for president
and vice-president ard municipal Off
GERS.
Coming now TO the objections to this
particular statute, Il Is said to DO un-
constitutional for that 1t arbitrarily
discriminates against male voters, In
that II frames the election laws so as
TO require male voters TO produce sat
isfactory evidence that the poll taxes
assessed against them nave been paid,
while II 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. II Is COMMENDED by implica-
ton that the constitution prohibits the
legislature from imposing a poll tax
upon m This argument ignores
the well-settled principle that a con-
tttutienal Limitation upon the power OF
taxation will never be inferred nor i'm
piled The right 10 tax Is essential to
the existence OF government and Is
peculiarly n matter for the legislature,
ana tho legislative power In this re-
spect a only be restricted by q dis
tinct and positive expression in the
fundamental law, II has been held that
the legislature might levy q poll tax
upon male inhabitants as we'll as upon
male citizens.
not attempt TO levy or assess any poll
tax against women. 1t manifestly
places no burden upon male voters nor
do we think II conferB any immunity
upon female voters, The statute ex-
pressly requires that female voters shall
dence OF the payment OF poll taxes as
sessed against them, where a Xix duty
Is cast upon male voters.
Poll Tax Provision.
The basis OF the must be
'NA~h - w NV 100 VI tNO ANkA NAb
ture to pass an act assessing women
with "a poll tax. The statute before
us does not give to women any immuni-
" from the payment OF poll taxes, but
particularly, recognizes and declares
their liability to such taxation when
levied. The whole ground OF the ar
gument OF Illegal distinction lies in the
present condition Of the law, whereby
men are required to pay a poll tax
and women are not. This classlfica-
I NIAn - H. .aY.. AA. III
taxation is made by the constitution IT.
self. That instrument mandatorily de-
clares that all male citizens shall be
liable to poll tax. There IL no such
mandate as to women. The constitu-
ton Of the state thus licenses the dis
elimination OF which complaint Is made,
and as a matter Of course, u constitu-
tional discrimination cannot be uncon-
stitutional."
In answer to the contention OF the
complainants In regard to the right Of
women to vote In municipal elections
year and III the county for six months
preceding the election. which II was
commended would be in violation OF the
charter Of the city Of Nashville, the
court held that the woman suffrage
act could not be taken as q repeal Of
any portion OF the charter OF Nashville
IN that the former IL II general act APP
plicable to the whole state. while the
charter OF Nashville Ia a local law APP
| plicahle to that city alone. TT Is well
settled that n general law does not
by implication reveal n special law,
unless such Legislative intent clearly
appears"
Only One Contention.
The court held that only one, gem
eral subject Is expressed In the title
Of the suffrage act and was of the
| ppIpInn TINT thu hnHv Of tho aiatufa
conformed 10 this title.
Regarding the contention OF the COM
plainants as to the lack OF provision
by regular statute for separate ballot
boxes, the court says: '"The pith Of
these contentious is that no separate
ballot box In provided for by
tho act comforting the right of suffrage
upon them"
The powers Of the state election In
providing ballot boxes for men voters
tho power to provide ~ box implies the
power to provide boxes when necessary
to hold a fair election In which men
and women take part,
In the matter OF the contention re-
gardlng tho authorization Of separate
ballot boxes for women by resolution
Iather than by statute, the court says:
"0f course this resolution was not ef-
fective to confer n additional power
on our election officers or to amend any
existing law, The resolution, however,
can be looked to as an expression OF
expression Of legislative advice. Tho
election officers get all their power
from the Legislature and II the legis-
lature had supposed that these officers
lacked power to provide separate bal
lot boxes, the legislature would have
conferred such power by statute In
order to accomplish the purposes OF the
suffrage act, Since the legislature,
however, passed no statute. but merely
adopted this resolution, we may take II
us an expression OF the Legislative
opinion that the election officers had all
the power necessary and the resolution
was offered as advice from the leGis-
lature as TO low such power was to be
exercised.
I'VE think there Is no necessity for
preparing different ballots for the wom-
en- inc no such thing should be at
In view Of the very specific regulations
OF our statutes az TO the form Of bal
lots to be used, The women can
simply check off the names Of the presi-
dental electors for whom they wish
to vote, II the names of candidates fol
other offices are cross-marked on bal.
lots placed In the women's box, such
marks win be disregarded.
Additional Rights.
III aoulIlon 70 lhe flKht 10 vote Iol
municipal officers and electors fol
president and Vice president, the SUI
frage act before us undertakes to con
Ter upon women the right TO vote upor
NIL questions or propositions submitted
exclusively TO n vote oS1the electors OF
municipalities, However, under section
30 W article .. women may not vote II
municipal elections on the proposition
Of giving or lending the credit of Il cit,
or town to or In aid OF any person, COM
pany, association or corporation, sucl
an election being n constitutional cleo
tlon In the sense that none but thu
qualified voters" under the constitu-
| NM ~ rtIclnnIn -Ihnrnln