The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-09-01
Reconsideration LnDalid,
Thompson Official Nesu

Nashville, Sept. t.--(SpecIaL)--The
action OF the temporary antisuffraoe
majority In the lower Rouse yester-
day In attempting to expunoe the
record and then TO noneoncur with
the senate In ratlfylnq the Nine.
teenth amendment has no ,Ieaai
standing, In the view Of Atty Gen.
Frank M, Thompson, submitted lnfh
writing to the house, by Represent
tat've T. X. RIddick during the de-
bate.
The attorney general held that the
power of the legislature to participate
in ratification OF a federal amendment
existed only by virtue of the federal
Constitution, that such an act was of
political, rather than legislative ma
ture. was performed outside of the
regular duties of the house and without
regard TO the state constitution
The opinion was summarized as
follows:
~ That the power Of the lepisla-~
ture to act at all is derived from
the federal and not state constI-N
tuition. 1919 sSs
"2 That the act Of ratification or
reJectionIs Is political and not a
legislative act.
"3 That when the act Is once
consunnrn ated, the power ceases. ~
"lt Is true that the constitution Of
tennessee" the opinion said, "Com- \
nnlts to the legislature the power to
make Its own rules In matters Of
legislation. The constitution off Ten.
ressees however, sanuid mt co nintlt
20 the elstsIaturs ,ths posser.to make
rules regulating us acts under a.
cover which II derived from the fed
eral Constitution"
Tells Of Ohio Case.
After quoting the invaHdity OF an at
tempt by the Ohio legislature to recon-
slider its action in ratifying the Four
teenth amendment in 1868, and the house
rule providing for reconsideration in
the. Tennessee legislature the opinion
said:
IF the legislature of Ohio could not
reconsider and rescind its action of
ratification at any time during its ses-
sion. certainly the legislature OF Ten
nessee cannot reconsider and rescind its
action under this rule, within two days.
The want of power In both instances
arises out of the fact that the authority
: . of this legisiatute to nratieipate in
7, amendments to the federal Constitution
is derived from that instrument and not
from the state constitution Neither
eiiS ickISlutuTe OF j tennessee or OF any
other state can make any rule controll-
ing, regulating. limiting. or extending
the power conferred upon IT by the fed j.
eral Constitution to ratify or reject
a proposed amendment"
Rlddlek Makes Point.
While the ''antis" were clearly in the
saddle at yesterdays session, and the
objections raised by the ratificationists
through Representative Riddick were
purely perfunctory and were overr,iled
without exception by Speaker Walker.
backed up by AZ anti votes present,
Riddick took the point that the previous
action of the house amounted to cast
ing Tennessec's vote In regard to the
Ntneteenth amendment. and that the
status OF the action was comparabIe 10
that OF the citizen casting his vote in
~an election.
Il insist that the power to ratify an
amendment TO the federal Constitution, -
he said, "is precisely like the political
power OF citizen to cast his vote, or
OF legislature to elect officers, and
when once exercised is forever ended
so far as that election Is concerned"