The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-07-24
COMPLICATION IS
SEEN IN CONTEST
FOR SUFFRAGE
Tennessee Constitution May
Prove Serious Barrier to
Ratification of Amendment
in August.
CONSTITUTIONAL RARRlEa

CONSTITUTIONAL BARRIER
rozZItN0 THE SuFFRAGISTs
No convention or general assembly
ot this state shall act upon ary
amendment OF the constitution Of
tne United States proposed by con-
9ress to the several states, unless
h sueh convention or general assem-.
such amendment Is submitted
A., tSection ~, article H. constitu-
ton of the state Of TennesseeD
THIS is WHAT PUZZLES
MEMBERS OF THE LEGISLATURE
The suffrage resolution submit.
unq the question TO the various
May q, 1919, and By the senate on
June 4, 1919. Members OF the leafs
lature who will consider the reso.
iutton OF ratification were elected
In November, 1918, or prior to the
submission. They took oaths TO up.
noid the constitution Of the state.
The supreme court Of the United
states has held that the state con.
stitutton Is no barrier TO ratitlca.
tion.
Mrs. Carrie Chapman Gait, of New
YORK, president of the National Wo-
mems Suffrage association, who has
come TO Tennessee Ia secure ratifica-
tion of the equal suffrage amendment
TO the federal constitution, which win
be proposed by Gov. Roberts, TO the
extraordinary session Of the Legislature
when II convenes IN Nashville, Aug 3,
VIII deliver an address in the interest
OF suffrage at the Chamber of Com
merce Monday
She win appear under the auspices OF
the League OF Women Voters of Mem
phis. The speaking viii take place at
1880 and the price Of the luncheon for
the visitors will be the regulation SO
cents.
The nationwide drive ON Tennessee
Tor ratification of the amendment is
caused by the fact that 36 states have
ratified and only one more Is needed to
make suffrage universal throughout the
nation.
The resolution adopted by the lower
house OF congress. May II, 1919. and by
the senate on June 4, 1919, proposed
ratification OF the amendment to the
national constitution, The first state to
ratify acted the following day Rati-
ftcatton has continued at intervals
since that time until the number now
has reached S6, with only one more re-
quired to complete the necessary two
thirds.
Tennessee now becomes the battle
ground OF the nation. The foremost
workers OF both parties, led by the
presidential nominees are already on
the ground. 1t Is to be long. hard
fight or the ratification will go over
with rush
The chief difficulty is in the passags
of the measure through the house 81
REPRESENTATIVES. The senate has d
membership of IS. Seventeen votes ars
necessary for adoption. The suffragistl
claim II pledged. leaving six to get
and is unheard from.
The house has membership of 80
requiring so favorable votes for ratifi-
cation. The suffragists claim to have
81 pledged, leaving 16 to get out OF
the SO unheard from.
Under the Ohio decision the supreme
court of the United States does not
consider small obstacles such as state
constitutions, The court in effect de-
cided that II the amendment Is ratified
by state II Is legal II 1t conforms
with the federal constitution. not
withstandng the ratification may be in
conflict with the state constitution.
That Is the one issue in the way OF
ratification in Tennessee. Section 81
OF article IL of the Tennessee constitu-
tion says: ''No convention or general
assembly Of this state shall act upon
any amendment to the constitution OF
the United States proposed by congress
to the several states; unless such con-
vention or general assembly shall have
been elected after such amendment is
submitted"
The members of the legislature who
will consider the ratification OF the
amendment were elected In November.
1918. The resolution was not submitted
by congress until June, 1919.
Clearly the ratification Is in violation
of the state constitution and clearly
In accord with the construction Of the
supreme court of the United States.
The opposition to ratification is said
TO come from many who are not OPP
posed to ratification, but would re-
gard action as violation of their oath
to uphold the constitution of the state.
Evidently 1t Is going to be a merry
war as the state Is already overrun
with workers for the suffrage cause
and with literature from both sides.