The herald and news. [volume] (Newberry S.C.) 1903-1937, 1920-09-07
POINT AT ISSUE
AS TO TENNESSEE
GENERAL MlSAPPREHENSION AS
TO REAL QUESTION
Ratification Seems Secure, But States
Should Segregate Women's
Ballots.

K. Foster Murray in, News and
Courier.
Washington, Sept. 4.-Widespread
misapprehension exists as to the real
point at issue in the discussion as
to whether or not Tennessee has real
ly ratified the 10Th amendment to
the constitution of the United States,
thus giving the privilege of suffrage
to women on an equal basis with men
in all the states.
The question at issue now is not
whether or not a state can withdraw
ratification once made. Pages OF
printed comment have been devoted
to the action of New York in such a
matter years ago. AS there is heavy
prosufrage majority in the Tonnes
see senate, no possibility Of the leg
islature's reversing its former action
appears to exist.
It is the contention of the anti
sufragists that Tennessee never did
ratify the 18th amendment and that
the proclamation by Secretary OF
State Colby was erroneous. This con-
tention is based on the parlialnen-
tary argument that motion to re-
consider the vote by which the lower
house of the Tennessee legislature
approved the amendment was pend
ing and not disposed Of when the
governor certified to Washington that
the ratification had been accomplish
ed. It is further argued that reso-
luton can not be adopted While a
motion to reconsider it is pending.
True it is that in accepted rarlla-
mentary procedure q bill is not re-
garded as passed il a motion to re-
consider it is pending. This rule has
the authority of congress and has
been invoked frequently by the speak
ers of the house Of representa- YES.
If this rule settled the case it
would seem clear that Tennessee
never did ratify the 18th amend
ment and that the proclamation made
by Secretary Colby was erroneous.
Whether or not that proclamation
could be annulled and the error cor
rected would then become a nice
question of law.
But there is another ruling, which
prevails in congress and has The ap-
proval Of the United States supreme
court, and this ruling may decide the
validity of the 10th amendment. The
current manual of the house of rep
resentatives contains this note under
the sections relating to reconsl iera-
ton:
"When a bill has been enrolled,
signed by the speaker and approved
by the president, it is undoubtedly a
law. although motion to reconsider
NAV not have been disposed Of
The foregoing note has the support
Of a footnote in Kinds precedonts,
the standard congressional parila-
mentary authority, which says:
"The courts have commented on
this subject: The effect Of the
pendency of motion to reconsider,
according to universal usage, is to
suspend the original proposition.
When, however, a bill has pending
the motion to reconsider and before
that motion has been acted upon been
presented to the president and re-
ceived his approval, the validity OF
the act, it would seem, could not
be questioned on account Of the
pendency of such motion, the sign
ing of the bill by the speaker and
vice president being complete and
unimpeachable evidence Of its pas
sage. (See Field VS.. Clark, 143 y.
S. supreme court reports, p. $50, Feb.
20, 1929
The regularity of the signatures
by the legislatures officials in Ten
nessee may be assumed and it would
appear quite probable that the quoted
ruling of the supreme court puts the
Tennessee ratification beyond sue
cessful attack.
Nevertheless, as practical mat
ter, the subject is one of dispute, and
there is probability Of prolonged iltl-
CATION upon it, and prudent polite
ians believe that every precautlon
should be taken to avert confusion
over the results of November's cleo
l. l,n