Milford chronicle., 1920-09-17
COLBY'S ACTION ON
SUFFRAGE is FINAL
STATES HAVE NO POWER TO RESCIND
RATIFICATION, is VIEW OF The
STATE DEPARTMENT.
STANDS ON PROCLAMATION
GOVERNOR TOWNSEND RECEIVES OFF,
CIfL OPINION AS TO EFFECT OF
\ NINETEENTH AMENDMENT.

Suffragists scored final victory on
Saturday when Secretary Colby an
nOunced that he will stand pat on his
proclamation of August %, that the
suffrage amendment is legally ratified
and is now part of the constitution.
The attitude of the government, he
pointed out, will in nOwise be chang
ed by notification from Governor Rob-
erts that the lower house in Tennes-
see has Tescinded its vote on the
amendment.
Receipt of the latest communica-
tiOn from Governor Roberts. Mr. Col
by stated, was acknowledged by wire.
The previous notification was ac-
knowledged by letter, altho reports
from Tennessee intimate that the ans
wer was not received by the governor.
Discussing thereversal of action by
the lower house in Tennessee high
official of the state department said:
"The federal constitution empowers
state legislatures to act upon propos-
ed amendments, either to approve or
repect them. 1t does not empower a
legislature to change its mind and
reverse itself after it has acted on an
amendment. The legislature cannot
claim the right to make such a re-
Versal under its own rules for the
reason that its only power in dealing
with an amendment in conferred by
the federal constitution itself, which
is either to accept or reject. Once it
accepts, such action is irrevocable.
This question was fought to fin
ish when New York proposed to ratify
the original federal constitution with
a reservation to the effect that if at
any future time it wishes. to with
draw ratification it might do so. The
case was the subject of some very
interesting letters from James Mad
ison to the "Federalist." 1t was final
ly decided that no state has power
to rescind. The analogy between this
and the attempted action of the Ten
nessee legislature is very clear.
1T is even seriously doubted wheth-
er it was necessary for the secretary
of state to issue a national prOclama-
ton to make ratification complete
The vote by the legislature settled it.
The proclamation by the secretary
does not give additional force or
strength to the act of ratification"
Governor Townsend Receives Official
Opinion as to Effect OF Nineteenth
Amendment
Governor Townsend last Friday re-
ceived the following opinion asked
for relative to the ratification of the
Nineteenth Amendment to the Feder-
al Constitution as it relates to the |
word male" in respect of voting:
My Dear Governor: l have yours of |
August 20, inquiring to the effect of .
the ratification of the Nineteenth .
Amendment to the Federal Consti-
tuition.
Now that the Federal Amendment
has been ratified, beg to say that the
word male" as used in the Constitu-
tiOn and statutes of the State of Del
aware in connection with the qualif-
cation of voters, is to all intents and
purposes stricken out from our Con-
stitutiOn and statutes.
Friday the State Department re-
ceived official copy of the proclama-
tiOn of Secretary of State cambridge
Colby. announcing the ratification of
the Nineteenth Amendment.