The daily star-mirror., 1922-02-27
WOMAN SUFFRAGE
Is CONSTITUTIONAL
SUPREME COURT so DECIDES ON
18TH AMENDMENT RE-
VIEW OF CASE

Washington IA P)- Women's
suffrage, or the 10Th amendment, was
today declared constitutional by the
supreme court, which dismissed for
want of jurisdiction, the suit brought
by Charles Fairchild of New York,
who sought to challenge the amend
ments constitutionality. The opinion
was delivered by Justice Brandeis.
The women suffrage or Nineteenth
amendment to the constitution was
challenged in the supreme court in
proceedings instituted by Charles S.
Fairchild OF New York, for himself
and in behalf of the American Consti-
tutional League, to enjoin the secre-
tary of state from issuing and the
attorney general from enforcing a
proclamation- declaring the ratifica-
ton of the amendment, and by Oscar
Lesser and other citizens of Maryland,
constituting an organization known
as the Maryland League for State
Defense" The former proceedings
were based ON the ground that that
amendment had not been validly ad-
opted, and the latter that the amend
ment was unconstitutional.
The federal courts in the District
of Columbia and the State courts in
Maryland, where the cases, respect
lively were originally brought ruled
against the objections to the amend
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 present
ing a controversy for judicial decision.
In the Lesser case, the government ac-
knowledged that the proceedings had
been instituted by voters who had
sufficient interest to warrant 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 Mary
land had refused to ratify the amend
ment, it was pointed out the state
also refused to question its consti-
tutionality.
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 regu
late suffrage, and that the federal
government legally could not have
anything whatever to do witch chang
ing the sovereign power" embodied
in suffrage qualifications.
: ''The people were not setting up
an amending agency for their own
ed asserting that in limiting federal
jurisdiction the Sovereign people"
did not intend that their agents con-
ducting the federal government,
should have the power to destroy
them. Following this line of argu-
ment it was argued that the people
alone by amendments to their state
or by a constitutional
called for the purpose
could extend or abridge their sover-
eighty.
Declaring the issues presented
were political" seeking to obtain
from the court an "opinion" or "con-
on the contentious raised. :,
the government asserted that the SUI
preme court consistently had refused
to deliver an Interpretation" of the
law because it was beyond its power.
Tt took this position when requested
for an "opinion" by George Washing
ton. and has on repeated occasions
adhered to it.
Whether the government on a state
was republican in its nature; and
whether proposed constitution II
had received the approval
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 government
asserted that Missouri. Tennessee and
West Virginia had been properly
but that if Missouri was ex-
.luded that being the only one in the
yiew of the government open to ques- <
ion under any reasonable contention {
1T was offset by Vermont and Con- h
lecticut, which had ratified after the
had been issued. ss-s
The greatest power in the constl-
.ution was that of amendment, So
icitor General Beck asserted in the
argument 1t conferred upon the peo-
Die, he said, the right to change the
'orm of government whenever they
pleased The nineteenth amendment
lnder his construction, merely added
he word ''sex" to the provisions OF
he fifteenth amendment that there
should be no discrimination on ac-
count of race. color or previous ser
yitude. 1t would be political revo-
ution,' he declared to the court, after
,ouaI suffrage had been acquiesced in
or half 2 ceut11ry to set it aside