The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1920-12-04

see Have Cases Pending - No OBJ
lection to COnnecticut's Ratification.
WASHINGTON, Dec. 4.-The case
against the Susan 3. Anthony amend
ment brought By the Maryland league
for state defence will be heard in the
court of common pleas, Baltimore, on
Dec. IA. The hearing was set originally
for Nov. p, but postponed at the re
quest of the defendants. This suit is
brought by a number of distinguished
citizens and taxpayers who are mem
bers of the Maryland league for state
defence against the board of registry Of
the seventh precinct of the eleventh ward
of Baltimore for allowing women to reg
lister Briefly, the case consists OF the
legal argument that the so-called nine
teenth amendment is unconstitutional
(a) Because the said alleged nine
teenth amendment has never been legally
proposed, ratified or adopted as part
of the constitution.
(b) Because the said amendment IS
invalid as being in excess of any power
to amend the constitution Of the United
States conferred by the provisions OF Ar
ticle of the constitution.
1t is held that such an amendment is
wholly outside Of the scope of the amend
ing power conferred upon congress and
tbTee-fourths of the legislature and
moreover that the amendment was never
in fact ratified by the legislatures OF
three-fourths Of the states. Inc OH
thereupOn goes into detail in regard to
the alleged ratification by West Virginia.
Tennessee and Missouri.
In the case of Missouri, it is shown
that Article IL, Section 3, of the Mis-
souri, state constitution prohibits the rat
ification by the Missouri legislature OF
any proposed federal amendment which
may in any wise impair the right OF local
self-goYernment belonging to the people
of that state. This constitutional pro-
vision in Missouri which has been IN cX-
istence since 1870 and which closely fol-
lows the wording of Article II of the act
of confederation of 1913 and supreme
court decisions regarding the mainten-
ance of the states, is held to be in har-
lnony with the constitution Of the Cnlted
States. Therefore, the action, OF the
Missouri legislature in violation OF the
state constitution was null and void.
In the case of West Virginia, it Is
shown that the West Virginia senate
defeated and rejected the suffrage amend
ment twice-On the original vote and on
ec0nsideratiOn-and that week after
ward, by illegally eXpelling Senator a;
r. Montgomery All ~ailt5'sa ll raglst' anu
violating the rules which prevent more
than one reconsideration of measure
during a session, the West Virginia SEN
ate by Is to II, acted for third time
and ratified, although it has no right TO
expel a member nor to change the rules
without q two-thirds vote Moreover, 1t
is charged that at the same time that
Senator Montgomery was illegally eX-
PEELED, Senator Raymond DOdson, sui
fragist. was allowed to yote-although
the latter had removed from his district,
and thereby vacated his seat under the
West Virginia constitution.
In the case of Tennessee, il is shown
that the constitution prohibited action
bv the legislature elected in 1918; but
that, nevertheless, Governor Roberts
called a special session Of that IeglSla-
ture to ratify. The lower house, how
ever after voting 40 to ~ to ratify, was
moved to reconsider. While less than a
constitutional quorum was present, and
in defiance of the rulings of the speaker
and the constitutional provisions for
Quorum the reconsideration was taken
up and illegallyracted upon. Ten days
later after the people of Tennessee had
had the opportunity Of making their
wishes known, the lower house, with a
full quorum, vahdly took up the motion
to reconsider, and by a vote of Al to "A.
with 20 members present and not voting,
rejected and refused to ratify the amend
ment. Notwithstanding the fact that the
first pretended reconsideration was the
illegal action Of a quorumIeSs house,
Governor Roberts certified it to Secre-
tary Colby as a ratification and the
secretary of state proclaimed the amend
ment thereon.
It will be observed that the Connect
cut ratification, which took place Sept.
21-nearly month after the Tennessee
acccption-is not challenged specifically
except in so far as the validity of the
entire amendment is challenged as be
ing outside the amending power. In all
there were thirty-seven alleged ratifica-
tions, including that of Connecticut. Two
states, Vermont and Florida, have not
acted on the amendment. Eleven states,
including West Virginia and Tennessee,
have rejected the amcndment-GeOrgia,
Alabama, Virginia Mississippi, South
Carolina. Maryland West Virginia, Del
aware Louisiana. North Carolina and
Tennessee in the order named.