The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-08-24
ROBERTS CERTFIES
RATIFICATION TO
SECRETARY COLBY
Chief Justice Of Supreme
Court Grants Petition OF
Certiorari and Supersedeas
in Suit Filed.

NASHVILLE. Tenn. Aug. A.--sAc-
cording to Frank NJ. Thompson, attyx-
ney-generaI of Tennessee, Cow A. II.
Roberts at 1920 o'clock this morning
certified Tennessee's ratification OF the
suffrage amendment. sending the certi-
fication to Secretary of State Colby BY
mail
Chief Justice d. l.. Lansden, Of the
supreme court of Tennessee, today
granted n petition Of certiorari and SUI
perscdeas In the Injunction case filed
by NEUTRALITY-SUSPICIOUS. to prevent the
certiflcatipn OF the legislatures action
TO Washington.
The petition was filed before the su-
preme court by the states attorney
general Frank M. Thompson. Judge
Lansden ordered all records In the case
70 be brought before the supreme court
for hearing.
The case has not yet been heard lii
the lower court The first bill asking
an Injunction was filed Saturday in part
TWO OF the chancery court Of Davidson
county, and temporary injunction was
granted by Judge Frank Langford. An
amended bin was filed Monday in the
same court and second Injunction was
granted by Judge Langford ar
II was expected that the hearing In
chancery court would be set for the
latter part OF this week. The granting
OF Attorney General Thompsons petit
tlon, however, takes the matter out of
the hands Of the lower court.
The petition for writ OF certiorari
ana supersedeas was filed by Attorney
General Frank NJ. Thompson, who ar
Eued II before Chief Justice ID. L. Lans-
den at his residence last night After
argument by the attorney general IL Is
said the chief justice granted the petit
ton, which, according to Attorney Gem
eral Thompson, vacated the existing in
functions. The attorney general this
morning advised the governor that the
proceeding left the matter entirely open
and the certification followed immedi-
ately.
Opponents OF ratification charge the
proceedings vio-G.e the rules of the su-
preme court. IL that the other party
be held
The petition filed before the chief
justice. whose decision after argument
resulted in certifying OF ratification.
was signed and sworn to by Gov. Rob-
erts, and was also signed by Secretary
OF State stevens. Andrew Todd, speaker
Of the senate, and w. NJ Carter, clerk
of the senate.
The document set out the ayerments
amended bills filed BY The antisuf-
fragists in their application for the
Temporary restraining order directed
against Gov. Roberts, Mr.. Stevens and
the speakers and clerks Of the senate
and house. In reply TO the contention
Of the compliments in the amended
| bill that III the governor carried out his
intention Of certifying the ratification
OF the amendment TO washington the
governor would not be acting In his Of
ficial capacity as governor, provisions
of the state constitution that the gov.
ernor was the sole custodian of and
was alone vested with authority to
use the great seal OF the state OF Ten.
nessee were cited, as was an act OF
congress to the effect that the action
of the legislature Of any state was au-
thenticated by having the seal of the
state affixed thereto.
The petition then charged. quoting
from opinions of the supreme court
that this right and duty of the gov
ernor carried with them the right IN
him to determine when and how that
duty should be performed and that IN
the performance of such duty, he was
to act according TO his own judgment,
on his own sense Of official RESPONSE
bility, without interference from any
court
II was further charged that no court
Of this state had any power to substi-
tute its construction OF the suffrage
resolution for that of the governor or
TO tell him when to stop or when 20
proceed in the performance OF MS duty.
The petition also averred that the
secretary of state and the several ofii-
GERS OF the house and senate who were
made defendants to the suit ana
against whom injunctions were issued,
were agents and servants OF the legis-
lature. subject alone to the control ana
direction OF the legislature as CO.
ordinate branch OF the state govern
ment, and that they were not required
to respond to the mandate of any court
in any of the matters referred TO IN
the bills filed by the compliments.
The order of Judge Lansden to the
clerk OF the state supreme court fol-
lows:
ut appearing in substance and IN
fact that this is a suit against the
governor OF the state OF Tennessee and
other officials in the executive and
legislative departments OF the state, YOU
win, without requiring bond therefor.
issue the writ of certiorari as prayed
in the foregoing petition; and also, a.
anciilary thereto. the writ OF super
sedeas as prayed for in the foregoing
petition"