The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-07-27
Official Opinions Give
Solons Right to Ratify
Judge J. Lynch Declares No One Can Question Legis
lator Who Votes for Suffrage Ratification Says
Thompson Frierson Opinions Are Sufficient
Authority for Them

pointing out various provisions OF the
Constitution that II was alleged this
act violated. Not desiring TO be a
''mobocrat" and violate the Constitu-
ney- general for an opinion as to whether
or not that bill was a violation OF any
provision Of the Constitution before he
signed same.
Governors Legal Adviser.
The Constitution OF Tennessee pro-
Ivides that the supreme court shall elect
an attorney general, and We have a
the governor and Other state officials.
For more than 100 years the right OF
public officials to ask for, receive and
rely upon the opinions OF attorneys
general, has been as fully recognized
decide and determine such questions.
So that when President Wilson asked TO
use his influence with the governor
and members OF the legislature in Ten
nessee TO secure the ratifcation OF the
nineteenth amendment, he first asked
the opinion of the acting attorney-gen"
eral OF the United States as to whether
or not the general assembly a Ten
nessee had legal right to ratity this
amendment at this time.
Frlerson's Opinion.
The acting attorney general, a splen-
did lawyer. the Hon. w. l.. Frierson.
now solicitor general OF the United
States, after full investigation and
deliberate consideration OF the question.
advised the president that the provis-
ion of the Tennessee constitution pro-
hbiting action at this time was In con-
flict with the federal Constitution. and
that therefore the Tennessee legisla-
ture had a legal right to act on this
was later concurred In by Attorney
General Palmer
When Gov. Roberts was requested by
President Wilson to call an extra ses-
sion of the legislature to ratlfy this
amendment. he call on Attorney GEN
to the right of the legislature to act |
on this amendment. In calling on the
attorney general for this opinion he was
following strictly the letter and spirit
of the constitution and statutes OF Ten
nessee. The attorney general was ana
Ia his legal adviser. The attorney-ge
erai, after due elaboration, wrote u
very elaborate opinion, concurring with
solicitor General Frierson and Attor-
ney- General Palmer.
Not Violating Oath.
Who can say that member Of
the Tennessee legislature Is VIolat-
lnp his oath OF office II he votes
for this amendment? II ls true
that members OF the legislature, as
well as the governor. have taken
the state Of Tennessee.
Il Is equally true that each has
taken an oath TO support the Con.
stitution Of the United States, and
each OF them recognizes the fact
that the federal Constitution Is the
supreme law Of the land.
Members OF the legislature are
not expected to be constitutional
lawyers. They have right to rely
upon the opinion Of the attorneys.
general, both state and federal, as
to what the laws are.
No man has a right to uestlon
the action Of any official or mem
Der Of the legislature who ls gov
erned In his action by the advice
OF the solicitor general and the at
torney general OF the United states
and the attorney-9enera' OF Ten
nessee.
As stated before, this is a land OF
aw and order We must have some
or legal guidance on disputed ques-
ions OF this kind. / submit that II IL 4
rot those who insist that the members
4 the Legislature have right to pe
Governed by legal advise from constl.
uted authorities that are ''mobocrats;
those who know Solicitor General FRI
rson will not believe for an instant
hat he was controlled by any personal
lew on the question. OF woman SUI
rage. | have been his neighbor Tor
many years ana nave htNui
i'm express himself on this question,
nd / a insure he has no very strong
ceiling on the subject one way or an :
ther.
Attorney General Thompson certainly
annot be accused OF having rendered
n opinion to further his own political
Jews. l do not think he has ever
spoused the cause of woman suffrage
am reliably informed that he de.
lined a request OF committee OF
dies who asked him for assistance In
1eir campaign last year do not know
ow what his views are on the subject,
do know that he is an able lawyer
no has had more than forty years
,tive practice in our state and federal
,urts and | know lie has been twice
ected attorney general OF tennessee
cause the supreme court OF TINS state
ought he was capable OF representing
,e state and properly advising the
,yernor and other state otficials.
J. j. LYNCH.