Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-09-04
MOTION IN APPEAL
Of SUFFRAGE CASE
|SDEN|EDBY COURT
Efforts by Ants to Hasten
Progress to Supreme
Court Fail.

The effort of the anti-suffragistS to
expedite their appeal from the de-
cision of Justice Bailey refusing to
enjoin cambridge Colby, Secretary of
State, from promulgating the equal
pcrary setback yesterday afternoon.
Chief Justice Smyth of the Court of
Appeals of the District of Columbia
denied a motion of counsel for the op-
ponents. of universal suffrage to cer-
tify the case to the United States Su-
preme Court, without waiting for the
reconvening of the Appellate Court.
October 4.
The chief justice called the atten-
tion of the lawyers to a decision of
the United States Supeme Court that
cerification could only be made in
cases in which the action of the Dis
trict court was final. Since the suf
fl age case involves a constitutional
question a right of appeal would lie
to the United States Supreme Court
from any decision Of the local tribunal
Counsel for the antis, however,
have not abandoned the hope of get
ting the suffrage case into the United
States Supreme Court before the COM
ing election day. When the District
Court of Appeals reconvenes it will be
asked to advance the case on it's docket,
and the opponents of the nineteenth
amendment may be willing to have an
adverse decision by that court SO that
they can Immediately appeal to the
highest court in the land.
House Journal Certiaed.
NASHVILLE. Tenn, September A.
"A certified copy of the Tennessee house
of representatives journal of last
Tuesday. when an attempt was made
of the federal suffrage amendmeLa
was in the mails today en- route to
Secretary of State Colby at Washing
ton.
Gov. Roberts announced he had
transmitted the papers at the request
The certification. according to anti
ratification leaders. was mailed at 10
o'clock last night. The certification
read:
Il. A. H. Roberts. governor of the
state of Tennessee. at the request of the
do hereby certify that the attached pa
per is a full. true and correct copy Of
transcript of all entries appearing on
the Journal of the house of representa-
tives Of the state Of Tennessee. on the
respective dates therein, relative to the
tives upon senate joint resolution Num-
ber 1, pertaining to the 18th Amendment
to the ConstitutipDof the United States.
at the extraordinary session of the six /
ty-1rst general assembly Of the state
convened at the capitol at Nashville on
AAkust @ss1920, and I do further earthly
that John Green is the clerk OF the
honse Of representatives. and that as
such he is the custodian OF the Journal
of said house OF representatives. and
under the Constitution and laws OF Ten
nessee has authority to make copies Of
said Journal, and to certify to the cor
rectnese Of the same, and that his sig
nature thereto Is genuine.
"In witness whereof, have hereunto
signed my name as governor OF the
state Of Tennessee, and have affixed
hereto the great seal Of the state of
Tennessee, at the capitol, in the city of
Nashville, on this, the 3rd day of Sep
tember. 1920.
"a. H. ROBERTS.
Governor Of the state of Tennessee"
Irfs addition. the governor also sent
Secretary Colby certifcation OF the
senate journal showing the message
from the house, reciting the reconsider
alton and non-concurrence.
Antis Are Hopeful.
Opponents of suffrage were hopeful
that certification Of the house journal
to the State Department might aid
them in their attempt to have the
United States Supreme Court over
throw Tennessee's ratification of the
suffrage amendment.
They expressed confidence today
>nding of the statement of the
"ction Tuesday to Secretary
I'D result in this record be-
.,art of the evidence that
re expected to review.
:, however. declared that
Il of the journal to Wash
uld not affect the validity of
age proclamation issued by
Try Colby.
Bar Women From Primary.
ATLANTA, September by a vote
of to the subcommittee of the
state democratic executive committee
last night denied the women Of Geo.
gia the right to participate in the
primary election of September 8.
After voting down substitute
which would have allowed women to
vote. the following resolution. offered
by Secretary Gardner Of the commit
tee. was adopted:
BE 1t resolved that this subcom-
mfttee has no jurisdiction to amend
the rules and regulations under which
The pending campaign has been con-
Quoted by providing rules ana regu-
lations for the women voters or for
their participation in the primary of
September g. and it is the sense of
this committee that the existing rules
and regulations CONTROL" Il
Candidates for nomination to the
Onlled states Senate. governor. repre-