Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-03-06
Arguments For and
Suffrage
Before Supreme Court

ShJolil TIC CCClStdlN VI GNoSO AtpAAs 80
suing and the Attorney General from
enforcing a proclamation declaring
the ratification of the amendment.
and by Oscar Lesser and other citi-
zens of Maryland. constituting an OIL
ganization known as the Maryland
League for State Defense" The
former proceedings Were based on the
ground that the amendment had NOT
been validity adopted, and the latter
that the amendment was CNconsti-
tutional.
The Federal Courts of the District
of Columbia and the State courts in
Maryland, where the cases, respect
lively were originally brought
ruled against the objections to
the amendment. In the oral
Arguments in the Supreme Court
in the Fairchild case, the gov
eminent commended that the Secretary
OF State having issued the ratification
proclamation there was nothing to
restrain, and that the case therefore
became moot, NOT presenting a con-
troversy for judicial decision. In the
Lesser case, the government acknow-
lodged that the proceedings had been
instituted by voters who had suffi-
Gent interest to warrant their pres
raised was political, one for decision
by Congress or for settlement in
some other avenue than by adjudica-
cation in the courts. While the
State of Maryland had refused to
ratify the amendment, it was pointed
out the state also refused to question
its constitutionalityR
The power of Congress to propose
the amendment to State Legislature s
for ratification was assailed by its
opponents on the ground that the
people reserved to themselves IN their
state constitutions the right to reg
ulate suffrage, and that the Federal
government legally could NOT have
anything whatever to do with
changing the sovereign power" en-
bodied in suffrage qualifications.
The people are not setting UP an
amending agency for their own de-
struction," the opponents contended,
asserting that in limiting Federal
jurisdiction the sovereign people"
did not intend that their agents con-
Quoting 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
constitutions or by a constitutional
convention called for the purpose
could extend or abridgc their SOW
ereignty.
The Fifteenth or race suffrage
amendment, adopted after the war
between the states. was not a prece-
dent, it was asserted, by the oppO-
ncnts because it was an expression Of
the results of the revolution" &C
quiesced in by all the people, for the
reconstruction of the nation, by
extending to the negro race freedom
and equality" for which the war was
fought. Any other method for per-
manently registering the incxorablc
decree of the civil war would have
been equally effective" it was
argued.
Should it be held. Notwithstanding
these objections that Congress had
constitutional power to submit the
amendment for ratification by state
legislatures, the prescribed three
fourths of the legislatures required
for constitutional ratification, did not
give their approval, the opponents OF
Nomen's suffrage insisted naming
Missouri, Tennessee and West Nir-
ORR bn &c CT n
necessary for ratification, as not
having legally acted.
Declaring the issues presented
were "political,' seeking to obtain
from the court an opinion" or con-
struction" on the contentious raised,
the Government asserted that the
Supreme Court consistently had re-
fused to deliver an Interpretation
OF the law because it was beyond its
power. 1t took this position when
requested Tor an opinion" by
George Washington, and has on re-
peated occasions adhered to it.
Whether the government of state
was republican in its nature; and
whether proposed constitutional
amendment had received the approx
al of the necessary number of State
legislatures, are not. the friends of
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 if Missouri
was excluded that being the only one
to question, under any reasonable
contention it was offset by Vermont |
and Connecticut. which had ratified |
after the proclamation had been is |
sued
The greatest power in the Consu- |
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 !
Amendment. under his construction. |
merely added the word sex to The |
provisions OF the Fifteenth Amend |
nient that there should be no dis |
elimination on account of race, color |
or previous servitude. 1t would he |
political revolution" he declared for |
the court after equal suffrage had |
been acquicsccd in for half century, |
to set it aside.
The election of Senators by the di-
rect vet" of the people would sustain |
tho 'iditv Of the amendment |