Every evening, Wilmington daily commercial., 1920-05-13
DO LEGISLATORS
VIOLATE OATH Who
VOTE FOR SUFFRAGE
Opinions Of Legal Authorities as
Given to Ants Leader.
JUDGE GRAY'S VIEWPOINT

Do members of the Legislature who
vote to ratify the so-called suffrage
amendment violate the oath they took
70 support the Constitution and betray
the wishes of the people at home, they
have sworn TO protect, is question which
Mrs. Henry h. Thompson, president of
the Delaware Association Opposed to
Noman Suffrage, has been seeking opinion
from some of the best-informed men of
affairs and leading attorneys.
From dozen opinions obtained. all of
which are founded on the same idea. Mrs
Thompson today made public three In
each there is one significant fact that
stands out prominently:
William ID. Guthrie. leading Republi-
can attorney of A Wall street, New ork
City, one of the authorities of the United
States on questions of national import
ance, says i'll reply to Mrs. Thompson 5
query:
There is an aspect of the proposed
Nineteenth Amendment which ! think
should be emphasized, namely that its
purpose is to force woman suffrage upon
States that do not wish it, ANY State can
now confer suffrage upon woman if it
desires to do so and local public policy
approves the step. 1t Is not in my judg-
ment a wise measure to interfere so radi-
caily with the right of local self-goyern-
ment,s and the determination of the quail
hcatlons of voters IN States rs well as
national elections as IS involved III this
amendment. 1t seems to me that the
soNnd and fundamental Federal principle
OF an indestructlbe Union, composed of
indcstructlble States will be violated bv
the proposed amendment if adopted, and
woman suffrage be thereby forced in
States that do not wish it.
William l.. Marbury. attorney Of Balti-
more, has no doubts about it. Answering
the question put to him by Mrs. Thomp-
son. he SAYS.
My Judgment is that in voting to
ratify the proposed Anthony amendment
10 the Federal Constitution uncondition-
ally and without leaving it to i sub
sequentlv elected Legislature to make the
final decision after its submission 10 the
people, member Of the Legislature would
bc voting to nullify the provisions OF
the Constitution which he was sworn
to support, because he would he voting
for a measure. the effect of which if a
sufficient number Of others vote for il.
would be to radically alter the provisions
of the Delaware Constitution as to Qualifi-
cations
In all the history Of representative
government, so far as know. there is no
instance in which any people who have
once secured The inestimahle right Of local
self-government. and especially the right
10 determine for themselves by their own
votes, who shall vote at their own State
elections, and that means who shall
govern their State have ever surrendered
such a right voluntarily. or failed to have
a reckoning with any representative Of
theirs who ventured to surrender it with
out their consent
Judge George Gray says emphatically.
III there is power so unlimited OF
amending the Constitution OF the United
States in such form and manner as to
destroy the essential police powers of the
State and cut right under the State very
existence, by altering the fundamental
basis Of political power, then our boasted
system of constitutional government has
failed in its great end of promoting the
happiness. protecting the liberty and PRO
viding for the general welfare of all the
people Nothing could be more important
and essential to the existence of free
State, than the basis of its political
power | mean the establishment of the
electorate which is to express the sovereign
Will of sovereign people. If there is no
limitation upon the right Of amendment
TO the Federal Constitution in this respect,
surely there must be compelling force IN
the obvious imDolicy and danger Of
inaugurating campaigns for amendments
so destructive as the proposed Nineteenth
Amendment"