The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-07-27


General Frlerson and states Attor-
ney- General Frlerson on the consti-
tutionallty Of a ratification Of the
federd suffrage amendment by an
extra session OF the Tennessee leols-
tature are competent authority for
the state legislators to use In their
action on the amendment, and they
need not 90 behind il or take other
unofficial opinions on the subject,
In view Of Judge J. J. Lynch, we'll
known Chattanooga lawyer.
Members of the legislature have a
right to rely upon the opinion OF the
attorney-genera both state and fed
eral, as to what the laws are" Judge
Lynch declared, In statement to The
News. mo. man has a right to ques-
tion the action Of any Official or mem
Der OF the legislature who is governed
In his action by the advice of the soli-
citor-general and the attorney gen eral
OF the United States, and the attorney
general Of Tennessee.
State Provision Null.
Judge Lynch showed that the state
constitutional provision in regard to the
method of amendment ratification was
In clear conflict with the federal one
and was therefore. null and void.
The statement follows:
Editor The News:
No one can question the right of the
vance any legitimate argument on be-
mar OF the cause. 1 think however,
they are going beyond the scope OF
legitimate. argument when they insist
that those who advocate the ratifica-
uon OF the nineteenth amendment of
the general assembly OF Tennessee are
"mobocrats," and that President VIII
son, Governor Cox and others are urg-
ing the members OF the Tennessee
legislature to commit perjury" when
they advocate the ratification Of this
amendment.
This is a land of law and order. No
one should violate or ask others TO
violate any law. The peace, happiness
ana prosperity OF the people of this
country depend very largely upon the
respectful observance and strict en-
forcement OF the law
ernmental system there Is dispute as
to what the law Is. This is SO In ali
countries but especially true in this
country where we have a dual system
OF state and national government. I'm
the Constitution of the
United States is the supreme law with
reference to all subjects with which it I
deals. This no one can question. ANY
act OF congress that is In conflict with |
any provision of the federal Constitu-
ton Is a nudity. Any act of any state
legislature that is In conflict with the |
federal Constitution is nullity. Any
provision IN any state constitution that
Is in conflict with the federal Consti-
tuition Is a nudity.
1t Is true there is provision in the |
state constitution which prohibits the
assembly of Tennessee from
,atifying any amendment to the federal
Constitution submitted by congress
after the members of the state iegis-
ature have been elected. Unless this
PROVISION OF the state constitution is in
conflict with some provision Of the
'ederal Constitution 1t is valid and
binding and should not be dlsregarded.
=, however. this provision OF the state
constitution Is in conflict with any
provision Of the federal Constitution,
hen 1t is an absolute nuility and can
rot be treated as part OF the constitu-
ion, and is not binding on any one. II
Court OF Last Resort.
It is insisted by some that the pro-
'ision of the state constitution above
'eferred to is valid and binding, but
'thei take the contrary position.
There must in all such cases be an
orderly way 10 determine a oontro-
'ersy Of this kind II we are to main.
ain law and order Finally such ques-
ions must be settled by the courts.
The court of last resort, from which
4 the United States. That court has
'assed on question recently which
most people consider is conclusive of
his controversy.
The constitution of Ohio has a pro-
ision which requires that the general I
ssembly OF that state must submit a
ederal amendment to the vote OF the {
eopie for ratification before 1t can
egally be ratified by that state. The c
uestion came before tho supreme court {
the United States in the case OF '
[awk VS.. Smith, decided on June l, &
n n w mr. nnt i
ion OF the Ohio constitution was In {
onfiict with that provision of the Con- Il
-itution Of the United States, which {
rovides the manner In which the 7
.ates shall ratify an amendment to the /
'deral Constitution. The court held v
lat the provision OF the Ohio consti- a
ltion referred to was a nullity Among C
her things the court said: Q
THE power to ratify a proposed b
nendment to the federal Constitution Il
As its source in the federal Constitu- t
on. The act OF ratification by the 6
ate derives its authority from the
deral Constitution. to which the state
Id its people have alike assented." r.
In other words. the court held that
70 power to ratify an amendment to 4
e federal Constitution was given to
g state legislature by the federal
and could not be con-
oiled or limited by the state consti-
tion. The court held that this was ;,
federal right, derived alone from the !,
deral Constitution, and that an at II
mpt by the state constitution to limit !,
regulate the manner OF ratifying an II
nendment to the federal Constitution y
as a nullity. II
Decision Conclusive. o
think most lawyers will agree that c.
is decision Is conclusive Of the ques-
IN we are discussing. II the pro- 7
sion OF the Ohio constitution was n Il
lllty because II was in conflict with n
e federal Constitution. certainly the a.
DIVISION OF our Tennessee constitution Ii
a nudity for the same reason.
however that there is d
ficlent distinction between the two b
all be controlling until the question c
decided by the supreme court Of the o.
1ited States?
When this government was founded n,
was understood, OF course that the n,
ssident and other officers OF the gov .,
lment would from time to time need -,
D advice OF a trained lawyer and n
the office OF attorney general OF ~,
; United States was created to pro- :"
lie a legal adviser for the president.
e wisdom OF thise course has never
the history of the country down to
. present time. the constitutionaIity u
almost every new measure has been W
estioned The president and other q
icials OF the government have con- n
Intly been in need OF the advice OF 81
attorney general with reference 10 In
validity Of acts OF congress and eX- NJ
itive orders. II will he remembered
EN- the recent Esch -Cummin railroad II
was passed those opposed 10 the al
filed a brief with the president e