New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-08-26
District of Columbia SUI
preme Court Refuses
Order to Prevent Col
by's Proclamation
Fight To Be Taken
To Higher Tribunal
Early Action on Validity
of Tennessee's Ratif-
cation Now Sought

WASHINGTON, Aug. 25.-Anti-suf-
frage forces received another set.
back to-day when Justice Siddons, OF
the District Of Columbia Supreme
Court, refused to issue "show cause
order against Secretary Colby pre-
hmlnary to the issuance of an in
junction to restrain that official from
nroc.aiming the Nineteenth Amend
mnet to the Constitution.
The order would have required Mr.
Colby to show cause why the injunction
should not be issued The action was
brought by Charles s. Farchilds, ar
official of the American Constitutional
League, on behalf of himself and the
organization.
No further effort would be made tc
prevent the issuance of the proclama-
ton, Alfred D. Smith, attorney for Mr.
Fairchilds, said.
Official notice of Tenncssee's ratif,-
cation was expected to arrive at the
State Department after midnight TO-
night, according to suffrage leaders
who have been following the document
since it was placed in the mails al
the office of Governor Roberts in Nash
vile. Secretary Colby was reported tt
have promised to wait at the depart
ment tonight until late hour, and {
large delegation of sufragists an
nounced their intention of being or
hand when the certificate arrived.
l. S. Supreme Court to Get Case
The campaign of the anti-sufrag,
forces would now be directed at an eff
United States Supreme Court on thu
question Of the validity of the Tonnes
see ratification, Mr.. Smith announced
He said ne would ask formal orde-
OF dismissal from Justice Siddons il
order that he might appeal to the Dis
trict Of Columbia Court of Appeals a
once with a request that the case be
certified directly 10 the Federal Su
preme Court and set for early trial.
The action of Justice Siddons to
day Daralleled in measure that O
Justice Bailey of the same court las
month. except that Justice Bale!
Secretary Colby in similar bill FLEE
by the same plaintiffs, but after hear
ing declined to issue the injunction
asked on grounds of lack of jurisdic
ton and insufficient showing
In dismissing the bill to-day justice
Siddons said he did not wish to review
Justice Bailey's action in similar
case, and that to issue the show cause
order would be an "unwarranted in
reference with purely ministerial
action of the Secretary of State"
Wants Decision Before Elections
Mr. Smith said that he still hoped
to obtain a decision before the No.
vember elections. If, however, the ap-
peal should be carried through tie
District of Columbia Court of Appeal:
to the Supreme Court it could not be
argued until after the regular meeting
Of the court in October, with little
likelihood that decision would be
reached before Election Day, Novem-
Der ?. In that evest, it was pointed
out, the women of the country would
be legally entitled to vote, With the
result that should the Supreme Court
later decide against the legality OF
the Tennessee ratification the validity
Of the entire national election would
be in question.
The anti-sufsage forces are also
challenging the legality Of ratification
in Missouri; West Virginia and Ohio.