Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-06-26
SAYS TENNESSEE
LEGISLATURE CAN
ACT ON SUFFRAGE

WASHINGTON, June 24-Assist-
ant Attorney General Frierson has
advised Governor Roberts, of Ten
state could ratify the suffrage
amendment without submitting the
issue to the people.
Mr.. Frierson's opinion, given oral
ly and in writing both to Governor
Roberts and the attorney general .of
Tennessee, was based largely on the
decision of the United States su-
preme court in the. Ohio referendum
case In that case the court held
that ratification of amendments
could be had only by state leglsla-
lures or conventions and that pro-
visions of state constitutions that
ratification be referred to vote of
the people conflicted with the led
eral constitution.
The White House today made pub
lie a letter sent by President WI,
son to Assistant Attorney General
Frierson on the Tennessee suffrage
question. ., ,,
arisen in Tennessee with regard to
the power of the legislature to act at
once upon the pending suffrage
amendment to the constitution of the
United States" the president wrote.
"A member of the Tennessee congress
sional delegation have requested the
view of the federal authorities on
that question, and l would be very
much obliged if you would look into
the matter for me and let me have
the view of the department. which L
will be glad to communicate to the
member of congress who made the
inquiry"
Mr.. Frierson replied as follows:
II have the honor to acknowledge
receipt of your note requesting my
views as to the power of the present
Legislature of Tennessee, If. called In
extra session, to ratify the proposed
suffrage amendment. l have recently
discussed this question in some per-
sonal correspondence with the at
torney general of Tennessee, and
hence am prepared to answer your IN
Quiry promptly.
THE constitution Of Tennessee
contains a provision to the effect that
no legislature shall act on an amend
ment to the federal constitution un-
less elected after the proposal of the
The present Tennessee
legislature was elected before the
suffrage amendment was proposed.
The ruling of the supreme court
however, in the recent Ohio cases,
and the consideration which gave
to this question in preparing those
cases for hearing, leaves no doubt In
nv mind that the power of the leg1s-
Iature to ratify an amendment 10
the federal constitution is derived
solely from the people of the United
States through the federal constltu-
ton and not from either the people
or the constitution of a. state. The
power thus derived cannot be taken
away, limited, or restricted in any
Way bv the constitution of state.
The provision of the Tennessee COM
stitution above referred to, if valid:
would undoubtedly be. a restriction
upon that power. If the people OF
state. through their constitution, can
deIav 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 I'M
til the lapse of any period OF time
they may see fit, and thus practlcalIy
nu1lify the article of the federal con-
stitution providing for amendments
I am, therefore, confident that If the
legislature is called in
session it will have the clear power
to ratify the amendment notw1th-
standing any provision OIL the Ten
nessee constitution" 81, 4
If Tennessee is the 36th state to
ratify the suffrage amendment, the
tackled in the courts, it is believed.
Miss Alice Paul, chairman of the
woman's' party, said today that Gov
ernor Roberts decision to call spe-
cial session of the legislature to act
on the suffrage amendment. means
certain victory" A recent canvass
of both Tennessee houses, she said,
indicated a safe majority in favor
of ratification.
This, of course, will be a triumph
for the Democratic party" Miss Paul
declared, land already has had the
effect of pushing Republican efforts
TO secure action in Vermont"
GOVERNOR
TO CALL EXTRA SESSION
NASHVILLE, Tenn, June "a
Suffrage hopes rallied today when
it was learned Governor Roberts
planned to call a special session of
the Legislature to act on the federal
suffrage amendment following re.