New-York tribune., 1920-06-02
Supreme Tribunal Rules
b edscral Amendment
Ratification Cannot Be
Submitted to Electorate
Decision Is Also
Suffrage Victory
Justices Unanimous i'm
Opinion Constitution
Is Clear Upon Subject

From The Tr'6ane's Washington bureau
w WASHINGTON, June 1.-The Su-
preme Court to-day destroyed one of
the principal remaining hopes of the
wet forces when it held that ratifca-
tion of an amendment to the Federal
Constitution by state Legislature is
nnal and cannot lie overthrown by a
popular referendum
ne dec ION was given in the case
OF George 5. Hawke, Of Cincinnati.
who sought injunctions to prevent the
pelhg submitted to referendum Of
the Ohio voters.
ne Ono court held that the action
o1 state officials in submitting the
question OF prohibition ratification to
me voters IN a referendum was legal,
after the Legislature had acted. The
supreme Court reversel the Ohio
court. AS q result of the Ohio ref
rrendum that state attempted to with
araw the approval CT the prohibition
amendment as expressed by it's Legis-
laturo and wet forces hoped Tor SINH
lar action in other states.
Injunction Granted
The Consultation contains no provl-
SONS for referendum after the
Legislature has acted, the Supreme
Court declared, and it is not within
the power of any Legislature or court
TO make such provision.
ne decision applies as We'll to the
suffrage amendment, the Supreme
Nour' granting an injunction to pre-
vent submission OF the suffrage ques-
tlon to popular referendui.. by state
mad planned to attack it in this man
ner, to delay adoption of the pending
amendment. The decision means wom-
en- can vote for President this year if
the thirty sixth and final state needed
to make the amendment effective eives
its approval in time.
The Ohio prohibition decision was
The only ore handed down, although
other cases are pending which attack
the Nolstead act and the Eighteenth
amendment from all possible angles.
decision IN the others may be given
when the court next meets June Z
The decision, which was rendered by
Justice Day, was unanimous. It fol-
lows In part:
The Constitution of the United
States was ordained by tho people and
when duly ratified, it became the Con-
sututlon Of the people of the United
States. The states surrendered to the
general government the powers specifi-
ca!ly conferred upon the nation and
the Constitution, and the laws of the
United States are the supreme law of
the land.
Constitution Is Clear
Tho trainers Of the Constitution
realized that it might, In the rrosress
Of time and the development Of new
conditions, require changes, and they
intended to provide an orderly man.
ner in which these could be accom-
Nllshed; - that end they adopted the
Fifth Article. This article makes pro-
ylsion for the proposal of amendments
either by two-thirds Of both houses of
Congress or on application of Legisla-
tures OF two-thirds of the states. The
proposed change can only become ef-
fcctive by the ratification Of the Leg
islaturea Of threc~fourths Of the states
or by conventions in like number
of states. The method of ratification
is left to the choice of Congress. Both
methods Of ratification, by Legisla-
tures or conventions, call for action by
deliberate assemblages representative
OF the people, which it was assumed
would voice the will of the people.
Ratification might have been left to a
vote Of the people, or to some author
ity of government other than that SC
lected. The language Of the article j.,
plain, and admits of no doubt in its in
tcrprc tation.
"The only question for determine
tion is What did the trainers of the
Constitution mean in requiring ratih-
cation BY legislatures? That was
(Centinucd on 9aeo three)