Perth Amboy evening news., 1920-08-24
WOMEN
To VOTE HERE
Attorney General Says State
Constitution No Bar If
Amendment is Adopted.

By Special Correspondent.
TRENTON, Aug. 24:-In an opin-
ion today Attorney General Thomas
=. McCran held that the women OF
New Jersey will be entitled to vote
anon the adoption Of the nineteenth
amendment. better known as the
euual suffrage amendment, despite
the provision in the state constitu-
ton providing that the right of suf-
frane entities all male" citizens of
fhn state to vote. The ruling was
given at the request of Secretary OF
State Thomas +. Martin, who has
charge OF the administration Of the
election laws Of the. state.
Mr.. McCran cited the interpreta-
tions and precedents established
when the fifteenth amendment was
added to the constitution of the
limited states as the basis for his
reasoning in deciding that the wom-
en- Of New Jersey may vote as soon
as n latest amendment Is formally
appended to the fundamental law
Of the land. The fifteenth amend
ment to the constitution gave the
right of suffrage to all col0red men.
aft is to be noted" he stated in
This part of his decision. that not
outstanding that the fifteenth
amendment to the constitution of
the United States became operative
in March, 1870, the constitution of
the state Of New Jersey at that time
and until the amendment of 1875,
limited the elective franchise to
every white male citizen of the
United states Notwithstanding that
this provision in our state constitu-
ton remained unchanged for hve
years. the right to exercise the cleo
tive franchise was not denied to
those citizens who were affected by
the adoption of the fifteenth amend
ment.
I'm the light of the interpreta-
lions and effect given to the fifteenth
amendment by the United States
supreme court, and the precedent
established by our own state follow
ing the adoption of said amend
ment, / am of the opinion that upon
the adoption of the nineteenth
amendment, the word male in sec
tion 1 Of article IL, OF the constitu-
ton of this state, will thereupon be
annulled and rendered imperative,
and that all female citizens of the
United States who are otherwise
qualified under section 1 of article
II of the constitution of this state
and who comply with the provisions
OF u election law will be entitled
10 vote for all officers that then are,
or thereafter may be, elective by
the people of this state"
The decision of the attorney gen.
eraI sweeps away what appeared to
be the last technical barrier in h
path of the women of New Jersey
ana their privilege to vote in the
coming primary and general cleo
tion, provided the ratification of the
suffrage amendment by the Tennes-
see legislature is finaluly accepted
as the necessary thirty-sixth state
to approve this change in the feder-
al constitution.
Mr.. Martin had asked the states
legal officer whether it would be
necessary first to amend the state
constitution to remove the word
male" before the women of the
state could exercise their new right.
The attorney generals ruling e
that this will not be necessary.
sWhile in a strict legal sense the
proposed amendment does not at
Tentatively confer the right of suf-
frage," said Mr.. McCran, yet clear
IL the intent and effect of the
amendment is to extend the elective
franchise 10 the female citizenship
of the United States, insofar as tha.
privilege is granted by the states 20
the male citizenship thereof.
EThe language of the proposed
4endment is substantially the
same in form as that of the fifteenth
amendment. Pfecedents affecting
the one may well be taken as bind
ing and conclusive as to the other.
..In the case of Neal VS.. Delaware,
Mr.. Justice Harlan, stating the opin-
ion OF the supreme court, said, in
passing on the fifteenth amend
ment:
The presumption should be in
dulged, in the first instance, that
the state recognizes, as its plain
duty, an amendment of the federal
constitution, from the time of its
adoption, as binding on all of its
citizens and every department of its
government and to be enforced
within its limits without reference
to any inconsistent provisions in its
own constitution or statutes.
Beyond question the adoption
OF the fifteenth amendment had
the effect, In law, to remove from
the state constitution, or render in
operative. that provision which re-
syricts the right of suffrage to the
Ihite race"
Z The attorney general also quoted
from other decisions OF the United
states supreme court on the effect
OF the fifteenth amendment to show
that 1t and all future amendments
were to be paramount to the state
law and that they annulled such dis
eliminating words as white" citi-
zens and male" citizens found in
state constitutions.