Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-02-28
18TH AMENDMENT
HELD VALID BY
SUP RENE COURT
Appeal From the State Of
Maryland Is 0verruled BY
High Tribunal in IMAM
imouS Decision.

Washington, Feb. 21.-The con-
stitutionality Of the woman's suf-
frage or nineteenth amendment,
was sustained today by the supreme
court in an unanimous decision
rendered by Justice Brandeis.
The challenge came from the
state of Maryland, where oscar
Lesser and others sought to prevent
the registration of two women as
qualified voters in Baltimore. Lesser
and his associates commended that
the constitution Of Maryland limit
ed suffrage to men; that the leg
4 ,islatur1 OF Maryland had refused
TO ratify the Womans suffrage
Z amendment and that the amend
ment had not become a part of the
federal constitution. The Mary
land state court sustained the
amendment.
The contention that an amend
ment to the federal constitution
relating to additions to the cleo
torate cannot be made without the
consent of the state, the c .urt dis
posed of by reference to the lll-
teenth or equal suffrage amend
ment, declaring that 'one cannot
be valid and the other invalid" 1t
pointed out that the validity of the
fifteenth amendment had been re-
cognized for half a century.
The suggestion that several OF
the thirty-six states which ratified
the nineteenth amendment had pro-
visions in their state constitutions
which prohibited the legislature
from ratifying, could not be enter
tanned, the court stated, because
the state LEGISLATURES derived their
power in such matters from the
federal constitution which tran
sends any limitations sought to be
imposed by the people of state"
The remaining objection that the
/ ratifying resolutions of Tennessee
and West Virginia were inopera-
I tive, because adopted in violation
spf legislative procedure in those
States, may have been rendered
'immaterial," the court declared,
by the subsequent ratification of
the amendment by Connecticut and
Vermont. The contention was dis
posed, however, on broader
ground, the court stated, adding
that the secretary of state, having
issued a proclamation of the rati-
legislatures Of thirty-siX states, the
amendment to all intents and pur-
poses had become a part of the
constitution. AS Tennessee and
West Virginia had power to ratify,
and had officially notified the Sec
rotary of state that they had done
so, their action would be binding
upon the sectreary and upon be-
hx, nff
become conclusive upon the courts.
The court announced in disposing
of the case, which had been brought
on appeal on writ Of error that
it granted the petition of the par
ties for a writ of certiorari but the
decision today so thoroughly dis
posed of the objections urged, there
seemed in the opinion of court Of
ficials, no probability that any ar
gument could be presented which
would cause the court to change
its views. Another attack on
women's suffrage was disposed of
by the court today, in an opinion
handed down by Justice Brantleis.
1t came from the courts of the Dis
trict of Columbia, and was brought
by Charles S. Fairchiid, of New
~ VI ~ WIN oOuSllL " tOIupGl tHt
withdrawal of the ratification
proclamation. Justice Brandeis
stated that the case must be dis
missed because Fairchild had no
standing which warranted him in
bringing such a suit.
Declaring the decision "final
and complete official recognition
of the victory of seventy-two year
campaign by the women OF the |
United States" Alice Paul, vice
president of the National Woman's |
Party, issued a statement in which |
she said "Women are now free
to devote their energies to COM
pleting the equal rights program"
She asserted that suffrage was on
ly one plank and that women asked |
"an equal share in all political Of
fees. honors and emoluments;
complete equity in marriage;
equality in regard to personal free
dom, property, wages and children,
and equal rights in the courts,
schools, trades and professions"