The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1922-03-03
WOMAN SUFFRAGE
AMENDMENT VALID
Federal Supreme Court
Has So Decided
DISMISSED THIS ACTION
Charles S. FairchiId, New York,
Challenged Constitution
aIity Measure
DISMISSED THIS ACTION
[Associatea Press Dispatch. ]


! Washington, D. c., February 81
or nineteenth amendment, was declar
ed constitutional by the supreme court
today.
The supreme court dismissed for
want of jurisdiction, the suit brought
by Charles s. Fairchild of New York.
who sought to challenge the con-
stituuonality OF the amendment.
History of Case
The women suffrage or nineteenth
amendment to the constitution was
challenged in the Supreme Court an
proceedings instituted by Charles 5.
FairchiId of New York, for himself
and in behalf OF the American Con-
stitutonal League to enjoin the Sec
rotary Of state from issuing and the
attorney general from enforcing a
proclamation declaring the ratiiica-
! ton of the amendment and by Oscar
! Lesser and other citizens OF Maryland
| constitution an organization known as
the Maryland League for State De-
| fese." The former proceedings were
| based on the ground that the amend
ment had not been Salidly adopted.
|, The federal courts in the district
of Columbia and the state courts III
Maryland where the cases, respect
lively, were originally brought ruled
I
ment. In the oral arguments in the
supreme court in the Fairchild case,
| the government contended that the
secretary of state having issued the
ratification proclamation there was
nothing to RESTRAIN, and that the
case therefore became moot, not pre-
senting controversy for judicial
decision. In the Lesser case, the gov
eminent acknowledged that the pro-
n f.
ers who had sufficient interest to
warrat their presence in court, but
that the issue raised was political,
one for decision by congress or for
settlement in some other avenue than
by adjudication in the courts. While
the State of Maryland had refused to
ratify the amedment, it was pointed
out the state also refused to question
| its constitutionality.
Assailed Power OF Congress
The power of congress to propose
the amendment to the state legisla
lures for ratification was assailed by
its opponents on the ground that the
people reserved to themselves In
their state constitutions the right to
regulate suffrage and that the federal
government legally could not have
anything whatever to do with chang
ing the sovereign power" embodied
"The people were not setting up
an amending agency for their own
destruction" the opponents contend
ed, asserting that in limiting federal
| Jurisdiction the sovereign people" d1o
not intend that their agents conduct
ing the federal government, should
have the power to destroy them. Fol-
lowing this line of argument it was
argued that the people alone by
kroa nd MT IN nGr OF
ions or by a constitutional convention
called for the purpose could extend or
abridge their sovereignty.
The fifteenth or race, suffrage
amendment, adopted after the war
| between the states, was not a prec..
dent it was asserted by the opponents
because 1t was an expression OF the re
suits of revolution" acquiesced in by
all the people for the .'reconstruc
the negro race freedom and equality,
for which the war was fought" Amy
other method "for permanently reg
istering the memorable decree OF the
| civil war would have been equally eff
! fective," it was argued.
Declare Issues Political
! Should it be held, Notwithstanding
these objections, the congress had
constitutional power to submit the
amendment for ratification by state
legislatures, the prescribed three
fourths of the legislatures, required
for -constitutioal ratification, did not
give their approval, the opponents or
women's suffrage insisted naming
Missouri, Tennessee and West Viz
ginia counted among the thirty six
states necessary for ratification as
not having legally acted.
were political" seeking to obtain
from the court an opinion" or con
struction" on the contentious raised,
| the government asserted that the su-
preme court consistently had refused
| to deliver an Interpretation" OF the
law because it vas beyond its power.
1t took this position when requested
for an opinion" by George Wash
ington, and has on repeated occa-
sions adhered to it.
| Whether the government of state
was republican in its nature; and
whether a proposed constitutional
amendment had received the ap-
prevail of the necessary number OF
( state legislatures, are not, the friends
Of the amendment insisted, judicial
questions. Replying however, to the
assertion that the amendment had
not been legally ratified, the govern :
ment asserted that Missouri, Tennes
see and West Virginia had been
properly counted, but that IL Miss
! ouri was excluded that being the only
one in the view of the government
open to question, under any reason
able contention-it was Offset by
/ Vermont and Connecticut which had
ratified after the proclamation had
been issued.
The Power of Amendment
The greatest power in the consd-
! tuition was that of amendment, Soil
\ citor General Beck asserted in the
argument. 1t conferred upon the
people, he said, the. right to change
the form of government Whenever
| they pleased. The nineteenth amend
ment, under his construction, merely
added the word sex" to the provi-
sions of the fifteenth amendment that
] there should he no discrimination on
account OF race, color or previous
servitude. 1t would be political rev.
olution," he declared for the court,
afteK equal suffrage had been ac-
quiesced in for half century, to set
It aside.
The election of senator's by the d.
! rector vote of the<people would sus-
tain the validity of the amendment
against-the contention that It depriyes
the states of equal representation In
the senate, the government declared.
insisting that If the people by d.