Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1920-08-31
CAN'T BAR VOTE
OF GA. WOMEN,
DENNY'S RULING
Attorney General De-
clares Rules are UP to
Party

R. L. Maynard, county attorney,
announced today that he had advised
Tax Collector Small to open his reg
istration books for Sumter county
and accept registration from all wo-
men qualified to vote, in expec-
tation that the state committee would
shortly alter their rule and provide
for the registration of women in the
state before September 8, the date of
the statewide white primary. .
ATLANTA, August 81. That the
women of Georgia are given the right
to vote in the coming primary and
general election and that it is not
necessary for the INTO register in
order to do so is the declaration made
by Attorney General R. A. Denny in
a lengthy opinion which he gave the
governor late Monday. The opinion
is also signed by Graham Wright, the
assistant attorney general.
Mr.. Denny argues that the wo-
men may not register because they
cannot take the oath prescribed for
male citizens, but that they cannot
be prevented from voting because
the nineteenth amendment to the
federal constitution distinctly declar-
ed that "the right of citizens of the
United States shall not be denied or
abridged by the United States or by
any state on account of SEX"
Mr.. Henny holds that the consti-
tuition of Georgia, the state regis
tration law and all other laws con-
fiicting with the above quoted sec
ton of the constitution are repealed
and made null He says that while
''it may be desirable to change the
laws and constitution of Georgia to
clarity the situation, it is not neces-
L sary qualifications under the consN-
tuition is entitled to the right of suf-
frage, and no enabling act or statute
is necessary"
Need NoS Register.
On the question of registration he
says: a., .,.o,
ent law with regard to registration
so that women can vote, an enact
ment is necessary requiring them to
register, and, until such is passed,
they are entitled to exercise their
constitutional right of franchise un--
der the constitution of the United
States and vote without registration,
provided, of course, they are quail
fled otherwise under the constitution
and laws of Georgia.
"Any other construction than this
would either operate as dlstran-
chisement on account of sex IN v!o-
Iation of the constitution OF the
limited States or would demand some
seIf-constituted state authority to
enlarge on the registration laws OF
Georgia. The latter creates a le-
pal absurdity and consequently, un-
til legislative action is had. women
can vote without reglstratloh.
Can't Be Barred.
Summed up, the opinion rules that
whether the chairman of the StaCe
Democratic committee calls a meeting
of that body, or the subcommittee
of that BODY for the purpose of TAX
ino mn the matter and making some
rrovision which will accord exercise
IF the right of suffrage in the Sep
tember primary, makes no legal dit.
ferancn whatever. The women OF
Georgia are today, wholly within
fbeir rights and constitutional en-
titlements as citizens of the United
States, to march up to the polls IN
anv and every county in the state on
the M 9th day of September, register
ed or unregistered, and demand tnat
thew be allowed to cast their ballot
for the candidate of their choice IN
every race in which party n4mlna-
ton is being soug hit. The absence ii
of q registration is not operative
against them. The absence of vot-
inc list of women is no fault OF their.
IF e the he managers of the election de-
sire a voting list it will be upon
those tho 9 managers to create such list
bv O Keeping a record of the names,
aces and place of residence OF eaeh a,
woman voting as she approaches tne
polls and deposits her baliot; o
IF upon the demand of the wo-
the the sth, they are refused exercise
!, Of that constitutional right, then
/ each primary held at that particular
polling place where the exercise o; OF
the right is refused will be "a an ,Iini I'M
valid election or primary ana VIII VIII
be contrary to the CONSTITUTIONS Id"
r 1o~H