The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-06-25
No Need for Governor to In
clude Ratification in Call,
Says Opinion.
VETO WOULD NOT MATTER
Attorney General Upholds
Tennessee's Right to Rat.
ify at Special Session.

into extra ,sesy z can ratify or reject
the amendmef : .gardless OF whether
GOV. KobertT udes the question In
ms can or : Gen. Thompson holds
ths purely 4 : itical not a legislative
question, ~ : II is not even In the
power OF Y 5 jovernor to veto or APP
prove. TFo gislature can take inde-
pendent Y regardless OF the action
OF the g9 !. 1r If II is called into extra
Again.- i. Thompson, after a very
exhaustive and careful study of the
matter. has come to the conclusion that
the legislature has full authority.
whether In regular or extra session to
take such action as It deems proper on
the subject and that the constitutional
provision, which undertakes to limit The
hody from ratifying an amendment OF
the federal Constitution except by MEM
bers elected after the amendment has
been proposed as invalid and without
weight. AS stated, this Is federal
question wholly under the Jurisdiction
OF the federal government and the state
legislatures can only ratify or reject as
1t sees fit.
Gen. Thompson. in his opinion, goes
into history of federal amendments
and makes the case very plain so that
there can be no possible doubt on the
subject in the future.
Governor Can Call.
The result Is that all that is left for
the governor to do Is to call the extra
session and the soons can do the rest.
Should the legislature act favorably the
amendment viii become effective by
virtue of that vote and Tennessee
would become the thirty-sixth state to
ratify the amendment and give to wom-
EN- the equal privilege of voting with
men.
This request to Gen. Thompson for
an opinion came from Gov. Roberts and
Mrs. G. f, Milton during the meeting
Of the state democratic convention,
ion off-hand even though he says he
felt sure that the legislature had o
right to act on the matter, despite the
supposed constitutional limitation, yet
he preferred to make thorough inves-
tigation and get the opinion Of the de-
partment OF Justice at Washington. as
well as other leading authorities of the
country. In order to do this he wrote
letters to Congressman Cordell Hull,
Gen. w. J.. Frierson and others. set
and asking their aid The letter to Gen,
Frierson. which was published Thurs
day. shows that he concurs in every
particular with Gen. Thompson holding
that the Article ii OF the constitution
of Tennessee was void and as invalid
constitution. which the supreme court
recently declared imperative and In
conflict with the Constitution Of the
United States.
Gen. Thompson's opinion Is far
reaching and affects not only Tennes-
see, but every other state whose con-
stitutlon attempts to restrict the ratin-
cation or rejection OF federal amend
ments, but IL will set at rest the public
mind over this much-mooted question
OF suffrage.
While Gen. Thompson had been con-
vinced in his own mind, and as a re-
suit OF his investigation, that the con-
stitutional restrictions to the ratiflca-
ton of federal amendment. he pre-
ferred to have this opinion backed up
hy others in high authority. hence his
letters to Judge Hull and Gen. Frier-
son. a.
Judge Hull was requested 20 submit
the matter to any authority he saw III.
and while the dispatches do not name
the congressman who presented the
matter to President Wilson. and drew
forth his telegram to Gov. Roberts, II
Is assumed that Judge HUI took the
matter I'M with the president. -,
Gen. Thompson's able opinion VIII
make chapter In legal history Tor
future generations. for It shows. an ex-
haustive study OF the case, and clears
away every cloud that hovers over the
question OF the right Of legislatures to
ratify federal amendments.
Thompson's Opinion. =,
Gen. Thompson's opinion and a his
tory OF the case is included In letter
written to Gov. Roberts Friday and Is
published herewith in full
Chattanooga. Tenn, June ~.
Gov. A. H. Roberts. Executive Cham'
her. Nashville, Tenn:
Dear sir--Referring to the. eonversa :
tion had between us and also 70 the
renuest made by Mrs. Milton asking Tor
an opinion as to whether or not, IN
view of the constitutional provisions,
both federal and state. and the reccni
decision OF the supreme court OF inc
United States. the present legislature
can ratify the Nineteenth amendment,
known as the suffrage amendment, the
same having been proposed by congress-
to the states OF the Union since the
election OF the members OF the present
general assembly OF Tennessee, l beg
to reply as follows:
The resolution OF congress proposing
to the states the Nineteenth amend
ment TO the federal Constitution Is In
the following language; :,
"Resolved by the senate and hovse OF
representatives Of the United states OF
America. In congress assembled ttwo-
thirds OF each house concurrtng there
in), That the following article is pro-
posed as an amendment 10 the Consu-
tuition, which shall be valid 70 All In.
tents and purposes as part Of the
Constitution whom ratified by the iegis.
latures Of three-fourths OF tho several
states: ,
1.-THE rights OF citizens Of the United
states to vote shall not he denied or
abridged by the United States or by
any state on account OF sex: ana con-
gress shall have power 20 enforce thls
article by appropriate legislation.
The present legislature OF Tennessee
was elected in November. 1918. ana the
terms OF Office Of the members thereof
expire in November. 1920. This leKih-
lature was required by the constitution
OF Tennessee to meet on the first Mon
day in January. 1919, In regular scs-
sion. which II did and which has. oi
course. adjourned. II cannot mee,
again until II expires by law without
special call by the governor for II TO
meet in extraordinary session.
This Nineteenth amendment was pro-
posed under Article V of the Constitu-
tion OF the United states.
have not the exact date of the res
olution proposing the amendment, but.
Of course. ~ was subsequent to the
election OF the members OF the present
legislature.
The question has arisen as TO whether
or not the present legislature Of Ten
nessee can. in extraordinary session,
ratify this Nineteenth or suffrage
amendment or whether Il IL precluded
from so doing by Article II. section s2'
Of the Tennessee. constitution.
The Amendment.
The article on the amendment OF the
federal Constitution n In this lhn-
guage:
THE congress. whenever two-thirdE
Of both houses shall deem Il necessary.
shall propose amendments 20 this con-
stltution, or on the application Of the
legislatures Of two-thirda Of the several
states. shall call a convention for pro-
posing amendments. which In either
case shall be valid 10 all intenta ana