Evening star., 1920-07-13
COURT D|SM|SSES
INJUNCTION CASE
AGAINST SUFFRAGE
District Supreme Court Will
Not Inquire Into Action of
State Legislatures.
NO AUTHORITY TO PASS
ON AMENDMENT VALIDITY
Counsel for New York Petitioner
Will Take Case to District
Court of Appeals.

Justice Bailey in the District SUI
preme Court dismissed today injunc-
tion proceedings brought by Charles
of the American Constitutional
League. to prevent the PRONUNCIATION
of the ratification of the suffrage
amendment and TO test the validity of
the equal suffrage law.
Tffe court held that ii was without
authority to inquire into the action OF
the state legislatures in ratifying the
suffrage amendment. and that it had
no authority to pass upon the validity
of such an amendment Mr.. Fair
child's attorney noted an appeal to
the District Court of Appeals. which
does not convene until October
Lack of Legal Interest.
Justice Bailey intimated that he
agreed with the point raised by the
government that neither the Ameri-
can Constitutional League nor Mr..
Fairchild had such interest as enti-
tied them to prosecute the suit He
also pointed out that the suit is prob
ably premature. as there is nothing In
the record to show that the required
number of states will ever ratify the
amendment
The court declared it was not nec-
essary to decide these two points as
the first reason was sufficient for dis
missing the bill.
Before the ruling of the court Balm
bridge Colby, Secretary of State. and
A. Mitchell Palmer. Attorney Cen
eral. filed a motion TO dismiss the IN
junction proceedings.
Edward 3. Wheeler of New York,
representing Mr.. Fairchild, former
Secretary of the Treasury in the
Cleveland cabinet. argued for the
anti-suffragists, while Solicitor Gem
eral Frierson and Assistant United
States Attorney Archer appeared for
the government officials to argue the
motion.
Government Argument.
Secretary of State Colby and Attorney
General Palmer claimed that the plain
tiff did not show in his bill any such
peculiar interest in the subject matter
as to entitle him to maintain the suit
against the governmest officials They
also denied that Mr.. Fairchild's bill set
forth any condition requiring eQuitabbe
relief.
1t was further contended by the de-
PENDANTS that Ii was not shown that
there exists any emergency calling Tor
injunctive relief.
In this connection il was pointed out
that the necessary number OF states
have not notified the Secretary of State
of the ratification by their legislatures
of the nineteenth amendment and,
therefore, no proclamation is immi-
nent.
Importance of Question.
Mr.. Wheeler. in pointing out to the
court the Importance of the question
being submitted. declared that suffrage
is a fundamental principle of our gov
ernment and is far more important
than was the abolition of slavery or
the prohibition against the use OF
strong drink.
We should learn a lesson" said the
speaker, from the confusion that fol-
lowed the Tilden-Hayes election con-
troversy, and should not arouse the
passions of men,"
He suggested that the amendment
may affect the result of the presiden-
tial election and urged that the case
should be considered carefully. He
expressed the wish to do anything to
expedite the case to the United States
Supreme Court.
Bound by Decision.
Justice Bailey, interrupting counsel,
intimated that as far as the injun0
tion against Secretary of State Colby
is concerned the court was bound by
the decision of the Court of Appeals
in the suit arising out of the prohi-
bition amendment. where that court
held that the Secretary had only the
ministerial duty of proclaiming the
amendment after the necessary num-
heI. of states had furnished certificates
of ratification. He was not required
to look into the validity of those
notices. the appellate court had helo.
Mr.. Wheeler said that opinion was
rather in favor of the bringing or
the suit before announcemeh. ai n uns
odontion of the amendment and was
one of the reasons his league was now
before the court.