The Washington times., 1920-09-02
EXPERTS BACK
I WOMAN VOTE
Revocation Won't Affect Amend
ment, Says Little, Citing
Civil War Precedent.

The suffrage amendment ratification
By the State of TENNESSEE will hold
good in the courts and women can
cast their votes vaiidiy in the Novem-
ber Presidential election. In the opin-
len of legal authorities in Congress
and In Official circles here.
The United States Supreme Court.
II was stated by officials today. has
never been called to pass upon such
\ question as will be raised In test
of the validity OF the Tennessee rati-
fcation of the amendment and the
subseQuent withdrawal of ratification
and rejection of the amendment fol-
lowing proclamation by the State Pc
partment OF the adoption or the
Amendment.
CIVIL WAR PRECEDENT.
Right of a State to revoke the rati-
1cation of an amendment. such re-
versal of action to be made BY the state
LIE gislature, has not been Questioned
in any proceedings before the highest
court. New York. New Jersey, and ONO
nrst ratified and then reversed their
action and withdrew their ratincsnons
Of the Thirteenth. Fourteenth ana
Fifteenth amendments. following the
close Of the Civil War. But the ac-
tioH BY these States did not anect
the required three-fourth votes by
states necessary to the ratincation OF
an amendment.
Tho question of the validity ,of the
Tennessee ratification seems TO me
moro of q judicial than politicai
proposition," said Congressman K. Q.
Little. Republican, of Kansas. The
courts can determine whether the
parliamentary procedure adopted py
the Tennessee Legislature for the
transactton OF Its business was ob-
served in the ratification OF the
amendment. II this procedure was
followed, as have been led to be-
Iieye IL was, the ratification is valid,
and tho subsequent procedure OF re-
consideration of the amendment re-
solution and its rejection amounts 10
nothing"
Colonel Little does not believe that.
even IL the Tennessee ratihcauon
should be held invalid, the election
Of President should fall TO the
House of Representatives. The result
OF an election in the House Is GER
tain-it would be of Republican
President. The. determination Of who
would be President would rest still
with the courts.
"Under the present apportionment
there are 631 electors, and the Presi-
dent of the Senate must count the
certificates returned by the duly ap-
pointed electors" he commented.
Suppose the Supreme Court should
hold that the amendment was not
ratified vaHdly. There would follow
contests of validity of the election Of
electors in the States that permitted
woman suffrage under the amend
ment. The court might hold that such
electors were not duly appointed. and
reject their certificate.
..But the Constitution provides that
the President of the Senate shall
count the certificates of the duly ap-
pointed electors and that the person
receiving a majority of these certifl-
Gates shall be declared elected. 1t
does not require that there shall be
= majority Of tho 531 electors"
Under such a condition the Repub-
licans would have all the better of
the controversy. With the exception
Of Tennessee, the States that have
granted woman suffrage independent
ly Of the amendment are Republican,
generally. They include the Coast
States, except Washington, the Rocky
Mountain States, Kansas, Illinois,
Michigan, Indiana, New York. and
Massachusetts,. No question can be
raised as to the right of women to
vote for President of these States. The
President of the Senate would be re-
Quired to count their certificates.