The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-08-25
District Supreme Justice Re-
fuses "Antis" Injunction.
"Be Unwarranted Interference
With Administrative Act"
CERTIFICATIOA NOT LEGAL
Only Copy of House Journal
Sent by Governor.
Travelling Insurgents Declare
Ratification Not Complete.

Washington, Aug. 25.-Justice Sid
dons of the district supreme court de-
MED. today, an anti-suffrage applica-
ton for a restraining order to prevent
PRONUNCIATION of the federal suffrage
amendment by the state department.
The application was filed by coun-
sci for the national constitutional
league and Justice Siddons' ruling
sustains that of Justice Bailey of the
same court last month in rejecting a
similar appeal by the same com
The issuing of a temporary fniunc-
ton the justice said. would be un-
warranted interference with a purely
administrative act of the secretary OF
state Dismissal of the proceedings
leaves the way open for the appeal to
the District of Columbia court of ap-
pea1s.
Application for an injunction to re-
strain Secretary Colby of the state de-
partment from promulgating ratifica-
ton Of the federal suffrage amend
ment was filed in the district supreme
court today by counsel for the Ameri-
can Constitutional league.
Suffs Hope for Action.
Suffragists today expected Secretary
of State Colby to proclaim the ratifi-
cation of the nineteenth amendment
to the federal constitution.
According to suffrage leaders here,
Colby has promised them he will take
this step as soon as Tennessee certifies
that her legislature has ratified the
amendment reaches him.
This certificate will be the formal
notification that the thirty-sixth state
has ratified the amendment. 1t is in
the malls.
Colby To Be Called in Court.
=
was asked to issue a rule for Secretary
OF State Colby to show cause why
such an injunction asked should not
be granted. Siddons stated he would
not issue such a rule until arguments
had been advanced to show that he
had Jurisdiction.
Charles S. FairchiId, head OF the
American Constitutional league, who
entered the plea, said he would be
prepared to offer such arguments late
today or tomorrow.
Meanwhile there is no obstacle in
the way of Colby's promulgating the
suffrage amendment. which he ex-
poets to do just as soon as Tennessee's
certification that the state has ratified
reaches him.
This certificatie~ is now in the
mails. Suffragists j hoped it would
reach Colby today. but shortly after
noon they gave up hope of seeing the
proclamation Issued before tomorrow
Fairchild asked for the injunction
on the ground that the Tennessee leg
islature in ratifying the amendment
violated the state constitutional pro-
vision that the election OF a legisla-
ture must intervene between the time
an amendment is submitted and the
time it is ratified.
Certification Not TcgaI.
Decatur, Aug. REHABILITATION of
the woman suffrage amendment by
properly certified to Secretary of
State Colby. according to Representa-
tive F. S Hall of Nashville. leader of
the insurgent legislators who have
come here to break the quorum in the
Tennessee house.
Mr.. Hall declared that Governor
Roberts had merely certified copy
Of the house journal.
The legal requirements, he stated
had not been complied with and the
document sent to Washington by the
governor will not be sufficient to war
rant a proclamation from the office
of the secretary of state.
Other members of the party ex-
pressed doubts that the ratification
could be effected.
Only As Legislators on Job.
Nashville. Aug 25.-Only forty-five
Of the ninety-nine members of the
Tennessee house of representatives
were present when the house met to-
day and adjournment until tomorrow
afternoon was taken. No announce
ment was made as to when the men,
bres who left the state to break a
Quorum would return.