Evening star., 1922-02-27
Nineteenth Amendment Con-
stitutionaI View of High
est Judiciary.
.FAIRCHILD SUITDISMISSED
FOR LACK OF JURISDICTION
Tribunal Holds to Precedent in Its
0pinion-settles Long
Litigation.

stitutional by the Supreme Court.
The court dismissed for want of
jurisdiction the suit brought by
Charles s. Fairchild, New York, who
sought to challenge the constitu-
tionality of the woman suffrage
amendment. Justice Brandeis' deliV-
cred the courts opinion.
Mr.. Fairchild brought the case for
himself and in behalf of the Amer1-
can Constitutional League, to en1oln
the Secretary of State from issuing
and the Attorney General from en-
forcing a proclamation declaring the
ratification of the amendment. and by
Oscar Lesser and other citizens OF
Maryland. constituting an organiza-
ton known as the Maryland League
for State Defense The former pro-
ceedings were based on the grouhd
that the amendment had not oeeh
validly adopted and the latter that
the amendment was unconstitutional
Failed i'm Lower Courts.
The federal courts in :he District OF
Columbia and the state courts III
Maryland, where the cases. respec-
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
acknowledged that the proceedings
had been instituted by voters who mad
sufficient interest to warrant thelr
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 constitu-
tionality.
Congress- Powsr Assafled.
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 fed
eral government legally could not
have anything whatever to do with
changing the sovereign power" en-
bodied in suffrage qualifications.
The people were not setting up an
struction," the opponents contepded, =
assertig that in limiting federal Jur-
isdiction the sovereign people did
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
amendments to their state constitu-
tions or by a constitutional conven-
tion called for the purpose could eX-
tend or abridge their sovereignty.
Fifteenth Not Precedent.
The fifteenth. or race suffrage.
amendment, adopted after the war
between the states, was not prece-
dent, it was asserted by the op-
ponents because ii was an expression
of the results of revolution" ac-
auiesced 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 inexorable
decree of the civil war would have
been equally effective" it was argued.
Should it be held. notwithstanding
these objections the Congress had con-
sfitutional power to submit the amend
ment for ratification by state legisia-
lures, the prescribed three-fourths Oh
the legislatures, required for constltu-
tional ratification, did not give Ine,r
approval, the opponents of women's
suffrage insisted. naming missouri,
Tennessee and West Virginia, counted
among the thirty-six states necessary
for ratification, as not having legally
acted.
Adheres to Position.
Declaring the issues presented were
political" seeking to obtain from the
court an opinion" or construction
on the contentious raised, the govern
ment asserted that the Supreme Court
consistently had refused to deliver an
Interpretation" of the law, because, it
was beyond it's power. 1t took this po-
sition when requested for an opinion"
by George Washington, and has on re-
peated occasions adhered to it.
whether the government ofR' state
was republican in its nature and
whether a proposed constitutional
amendment had received the approval
of the necessary number of state Leg
islatures are not, the friends of the
amendment insisted, judicial Ques-
tions. Replying. however. to the as
sertion that the amendment had not
been legally ratified, the government
asserted that Missouri, Tennessee and
West Virginia had been properly
counted, but that IL Missouri was ex-
cluded-that being the only one. in
the view Of the government. open 20
the question, under any reasonable
contention-it was offset by Vermont
and Connecticut, which had ratified
after the proclamation had been is
sued.
Amendment Greatest Power.
The greatest power in the Consti-
tuition was that Of amendment. Solicit
tor General Beck asserted in the argu-
ment. 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 fif-