Evening star., 1920-06-24
SUFFRAGE ACTION i.
OF LEGISLATUREI is d,
HELD To BE VALID
Continued from First Page.)

Continued from First Page)
lie a letter sent by President Wilson
son on the Tennessee suffrage ques-
ton:
"A constitutional question has
arisen in Tennessee with regard to
the power of the legislature to act at
once upon the pending suffrage
United States" the President wrote.
"a member of the Tennessee congress
sionaI delegation has requested the
view of the federal authorities on
that question. and l would be very
much obliged II you would look into
the view of the department, which
will. be glad to communicate to the
member of Congress who has made
the inquiry"
Assistant Attorney General Frierson
replied as follows:
receipt Of your note requesting my
views as to the power Of the present
legislature of Tennessee, II called in
extra session, to ratify the proposed
suffrage amendment. 1 have recently
discussed this question in some per-
tscnal corfespondeneesw with the attor-
ney general of Tennessee, and hence
promptly. ..s-ey
ProvisiontIof Constitution.
1.-The constitution of Tennessee con-
tains a provision to the effect that no
legislature shall act on an amendment
to the federal Constitution unless
elected after the proposal of the
amendment. The present Tennessee
Legislature was elected before the
ffv-1t 90 o. NAV n ant rsR
THE ruling Of the Supreme Court.
however in the recent Ohio cases
and the consideration which l gave
/ to this question In preparing those
cases for hearing, leaves no doubt in
my mind that the power of the legis-
federal Constitution Is derived solely
from the people of the United States
through the federal Constitution and
not from either the people or the
constitution of state. The power
thus derived cannot be taken away,
limited or restricted in any way by
the constitution of a state.
"The provision Of the Tennessee con-
stitution4 above referred to, il valid,
would undoubtedly be restriction
upon that power. If the people of a
state, through their constitution, can
delay action on an amendment until
after one election. there is no reason
why they cannot delay it until after
two elections, or five elections, or
until the lapse of any period of time
they may see fit. and thus practically
nullify the article of the federal Con-
stitution providing for amendments.
am, therefore, Sconfdent that If the
Tennessee Legislature Is caifnd in ses-
sion it will have the clear power to
ing any provision Of the Tennessee
constitutions" = -
sunra<e Hopes Raly.. -
NASHVILLE. Tenn, June 24-suf-
frage hopes rallied today when It was
learned Gov. Roberts planned to call
a special session of the legislature
to act on the federal suffrage amend
ment, following receipt OF a telegram
from President Wilson urging such
action in the interest of real service
to the party and to the nation"
The governor, however. failed to
comment onsthe constitutionality OF
the Legislatures act should a favor
able vote on the suffrage amendmen,
be. reached. saying that matter was
being discussed between States At
torney General Thompson and Depart
ment of Justice officials at Wash
ington.
said, land I. have nothing to do with
that end Of it,
The question of constitutionality in
the event of ratification would hinge
on a clause in the state constitution
which provides that any action on a
federal amendment must be taken by
legislature, the members of which
have been elected after the amend
ment was submitted to the state
Members of the legislature to be call
ed in special session were elected
previous to submission of the suf-
frage amendment to- the states by
Congress. Some legal authorities, how
ever, have Interpreted the recent deci-
sion of the Supreme Court in tho Ohio
referendum case as invaAidating the
clause. 't -
Clause in Constitution.
The provision in the Tennessee con-
stitution under discussion reads:
mo convention or general assembly
Of this state shall act upon any
amendment Of the Constitution OF the
United States proposed by Congress
to the several states unless such
convention or general assembly shall
have been elected after such amend
ment is submitted"
North Carolina Legislature.
RALEIGH, N. c. June 24.-The
North Carolina legislature will be
called to meet in special session be-
tween July 20 and August 10 to re-
ceive the reValuation report of the
tax commission and at which session
the question of ratification of the
Susan B. Anthony federal amendment
will come up, 1t was stated today at
| the office of Gov. Bickett THO eov.--
| nor was not " - .4u..y.
The democratic state convention re-
| Gently embodied a plank in it's plat
| form memorializing the proposed spe-
| cial session OF the legislature to rati-
/ fy the Anthony amendment, and Gov
Bickett has announced that he woult