The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-06-24
Asst, Atty Gen. Frierson Ad-
vises Gov. Roberts and Atty
Gen. r. N. Thompson.
WILSON ASKED OPINION
Native Tennessean Bases Rul-
ing for Own State on Ohio
Referendum Case.

II Su0mItttnn
Issue to the people.
Mr.. Frlerson's opinion, given
orally and In writing both to Gov.
Roberts and the attorney general
Of Tennessee, was based largely on
the decision Of the United States
supreme court In the ohio referen-
dun case. In that case the court
held that ratification OF amend
rnents could be had only by state
provisions Of state constitutions
that ratification be referred to
vote OF the people confIicted with
the federal Constltutlope
Wilson was s.kss sas tHsay tnas
FOR an Interpretation Of the Ten
nessee constitution with respect to
ratification. Mr.. Frlerson. who Is
native Of Tennessee, ruled that the
supreme court decision made In
valid that section OF the Tennessee
constitution which provides that
any action on federal amendment
must be taken by legislature,
the members of which have been
elected after the amendment was
submitted TO the state:
t Frierson's Opinion.
The White House today made pubic
letter sent by President wilson 70 AS
n sistant Attorney General Frierson on
4 the Tennessee suffrage question.
"a constitutional question has arisen
in Tennessee with regard to the power
OF the legislature to act at once upon
the pending suffrage amendment to the
Constitution OF the United States" the
president wrote. ? IA member or the
II Tennessee congressional delegation has
II requested the view of the federal au,
H thorities on that question and would
II be very much obliged II you would look
Into the matter for me and let me have
the view of the, department, whfcn !
Twill be glad to communicate to the
membcr Of congress who has made the
Enquiry"
| Mr.. Friersou replied as follows:
HI III have the honor to acknowledge re-
ceipt of your note requesting my views
|kas to the power of the present 1egisla-
|Nture of Tennessee. II called in extra
Etssion, to ratify the proposed suffrage
|3Rmendment. I have recently discussed
fkis question in some personal CORE.
knondence with the attorney general OF
Tennessee and hence am prepared to
Rnswer your inquiry nrnmptly.
@ 'aThe constitution of Tennessee con-
|fai~s provision to the effect chat no
Legislature shan act on an amendment
10 the federal Constitution unless
flecteti after the proposal of the amend
hnent. The -prescfit Tennessee 1egisla-
ttrc was elected before the suffrage
hmndtnent was nronosed.
@ Haeed on Ohio Case.
@ sThe ruline OF the sunreme court.
howeyer. in the recent Ohio case, and
8 the consideration which j gave to this
question in preparing those cases toI
Ethat the power Of the legislature to
fntifv an amendment to the federal
SConstitntion Is derived solely from the
nsaple of, TIE United States q thr9ngn e.lsi,
Fither thr rAti,Ic or the cp1st ltution pf
81 sfnfes Tho nosyer ths's derived cam j
hot Des taken away, liss1it IN ur re-
kfrainpd In anv wav hv the constitntion
f state, The provision e the Ten,
Falid.. would undoubtedly be a restric-
Aion upon that pow"r.a f3 4
8 FsIhht to 4Ratlfy Clear. -.....
# "fIf tho neople Of a state. through
|#hn'- constitution. con delay action on
"a :, cn,nndment until after on election,
~ or" Is NJ reasnn whv 'h"y cannot
#'oi-v II until aftcr two elections. or five
Rle"tions. or until the -lanse OF any
rariod of time they. may see At and
aitus practically nnIlifv the article Of
ih~ federal .Cnpstitntior providing for
#Pn amendment unttl after an election.
Nthnt II the Tcnres~on leeisla ture rs
#called IN secession 1t win faNn the eleal
#r9'~o~ to frfifv the a'nHndr,"nt rotwith-
n see CONSTITUTION"
Wilson's Suffrage Message.
Washington. I,inn,. 24wosneciai.lZ,
TIA message ~ President Wilson, wired
"Wednesday ni~ht to Gov. Roberts. urg-
ing him to call n snecial session OF the
TNAneseee le~iStature 10 take actlnh On
wH~aan's suffrage. has hcartened the
s-,rfrarists aud enused them to applaud
tho action of the president. ~
Miss Alice Paul, of the national
l;@qn's party 'sreah'ng for herself
p~e hcr assoctntcs in the eamas. when
t~fi of tho step taken by President
Wits3n, said:
a,ye are delighted at the evidence
that the democrats recognize tne oppor-
tunity they have to give the nnai rati-
featidn and the comDlete enfranchlse-
wont Of American women. The nresi-
dents message leaves no sdoubt that a
s,,ec'al scssien in Tennessee is legal
siy,ce he must he acting in accord win
the highest legal advice we hone &C.
tian In Tennessee will he immediate.
I. The marked contrast between the at
tltltde OF President Wilson and that OF
Senator Harding Is causing worry anq
rlagrin among the republican leaders
h"re. They confess that PreSiaen.
Wilson put one over on the republeans
when hs took "A bold stand for SURFACE
pnd asked a democratic governor TO
take prompt and effective action
Hopes Rallied.
Nash,illa Tune 24.--Suffrage homes
auied today when II was learned Gov.
P2rcrts p'apned to call special session
of the legislature to act on the federal
suffrage amendment following receipt OF
tcleeram from President Wilson urg,
Ing sY,ch action in the interests OF
A'steaI service to the party and TO the
nation.'
The governor. however. failed to com
nent on the consitutionauty OF tne leI
islature's act should favorable Vote
on the suffrage amendment be reached
saving that matter was heing discussed
between state Atty. Gen. Thompson ana
department of justice officials at Wash-
mrton at is purely federal matter
lNnd not a state question" the governor
aaid. "and I have nothing to do with
that end Of it, l.
The question Of constitutionality in
event Of ratification would hinge on a
clause in the state constitution whlch
provides that any action on federa'
amendment must he taken by legis-
lature the members OF which have been
elected after the amendment was sub
mifted 10 the state. Members OF inc
legislature to be called in special ses-
sion were elected previous to submis-
sion of the suffrage amendment tn the
states by congress. some leEal authorl-
tiS &. however. have interpreted inc re-
cent decision Of the supreme court IN
thes Ohio. referendum case as inVah-
dating the CLAUSE
Washington June 24.-President Will
son last night sent telegram to Gov
Roberts Of Tennessee. urging that
Snrrial session of the Tennessee leEis.
latnre be called to act on the federal
Suffrage amendment
The prcsidcnt in his telegram said;
1T would be real service TO the
marry and to the nation II Il Is possible
for YOU under the peculiar provision
4 81 your state constitution. having in
mind tie recent derision OF the su-
preme csurt In the Ohio case. 10 cah
snecisl session of the legislature OF
Tennessee to consider the suffrage
amendment. Allow me to urge this very
earnestly"
The state constitution Of Tennessee
has a provision prohibiting action by
N. .a.an n..-.l.a....n On 4 faarral rnn-