New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-09-06
Notice to Colby
Not Legal, Say
Suffrage Ants
League Charges Tennessee
Governor Had Not Sent
Valid Word When Proc
lalmation Was Issued
Resort to Secrecy
Declare Roberts Forwarded
Second D0cume emit to-
Cover Up His Mistake

From The Tribune's Washington Bureau
WASHINGTON, Sept. 5.-The direct
charge that the certificate from the
Tennessee Legislature upon which Sec
rotary of State Colby issued the proc
lamation declaring woman suffrage eff
fective was not an official notice of
ratification was made to-day by the
American Constitutional League. 1t
has attacked in the courts the right of
the Secretary Of State to issue the rati-
fication proclamation.
The leagues statement, issued
through ]. S. Eichelberger, field secre-
tary, who has just returned from Ten
nessee, asserts chat second certificate
was sent to Secretary Colby by Gov
ernor Roberts on Saturday. Eichel-
berger's statement likewise charges
that the State Department has con-
cealed the text and nature of the first
document, on which the proclamation
was based, and has refused to allow the
Constitutional League lawyers either
to examine, photograph or make copies
of it,
The threat is made that court action
will be taken if necessary to obtain
certified copies and lift the alleged veil
OF secrecy concerning the first certifi-
cate. 1t is contended that the procla-
nation itself has no bearing on the
validity of the amendment, as decided
by the District Court of Appeals in the
case of Nidemann VS.. Colby on May
3, 1920, and that Secretary Colby "has
no more to do with the validity of a
Federal amendment than any other Ad-
mnistration clerk"
Four Plans Of Attack
Eichelberger said that four M thods
will be used by anti-suffragists TO ex-
pedlte the question to the United
States Supreme Court before election
The Fairchild-Colby case, now in the
District Court of Appeals, does not
cover the recent Tennessee tsngle, and
Us therefore regarded as the least i'm
portant. The other cases will be
brought:
First, by appeal of the Tennessee
ants to the Tennessee Supreme Court,
which meets on September 20, from
which the case may be appealed or CO.
fed at once to the United States gu
preme Court.
Second, by injunction and mandamus
proceedings against election officials
to keep women from voting, thus slim
u!ating sutfragists themselves to help
expedite the case to the highest court
before election.
Third, by having the Attorneys Cen
eral Of the thirteen states which have
not ratified refuse women the vote
and bring the cases into the United
States Supreme Court at once on orig
lnal jurisdiction in the name Of SOW
! ereign state-the only way such a case
can be started before the highest court
The league lawyers believe that any
of these three methods will expedite
the case more than the Fairchild- Colby
appeal, but the latter will also be
pushed as much as possible. Continu-
ing. the leagues statement said:
THE publication Saturday of the
second certificate from Governor Rob.
erts of Tennessee to Secretary of State
Colby raises several important ques.
! tons which throw grave suspicion on
the first certificate.
"First. Why has it been concealed
and published neither by the State De-
I Lar nc nj nor by the suifragists?
Second. Why was Yt passed upon in
the dead of night g a. NO. by Mr.
CONTINUED on psae three)