The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-02-28
COURT SUSTA|N5
18TH AMENDMENT
DECISION UPHOLDS
WEST VA. ACTION
Federal Constitution Trans
cends Any Limitations
Sought to Be Imposed
By the People of
a State.

Na>!.uEtuN. Feb -. The ".@-'lta-
t'"nal!ty Of the women, suffrage OF
u!ncte"nth a:ncrG'r"ri. WAS sustained
today 10y tn" supreme court IN Il TN
"nim"us decision rendered hy Justice
ErlTd"is.
Th" challenge "a ~" FROM the state OF
Maryland, where Oscar l.ehr and others
sought t" prevent the. registration OF
TWO women az qualified voters IL l&t;!-
more. Lear AMI h!s assistants contend
cd that tho constitution -: Maryland
limited SuNrag" - ucn: that the l"S!3-
,aturn OF Maryland had refused to Ta,iCy
the wonaNs suffrage amendment and
that tho amcnGmrut had not h'com" a
part OF II. federal constitution. Tho
Maryland state courts sustained the
amendment.
The contention that an amendment 20
tho federal constitution relating TO ad
ditional electorate cannot I've made with
out tho consent OF the state. the cour,
disposed OF by reference to the fifteenth
or equal suffrage amendment declaring
that "one cannot ba valid and the other
Invalid"
It pointed out that tho validity o,
the~ fifteenth amendment had been
recognized for half century.
The suggestion that several ot the
thirty six states which ratified tho 18th
amendment had provisions In thr!r stat"
constitutions which prohibited tho leg
iSlatures from ratify!ng. could not he
entertained. tho court stated. because the
legislatures derived their power IN such
matters from the federal constitution
which "transccnds any limitations
sought to De imposed by the people OF Il
state"
W. Va. Action Constitutional.
Tho remaining objection that the ra,t-
Tying resolutions oc Tennessee and West
Virginia were imperative, because adopt
ed in violation OF leg Slative procedure
in those states, may have been rendered
"immaterlal." tho court declared 10y IN,
subsequent ratification, Of tho amend
ment by Connecticut md NermaU;. Tho
contention was disposed of. however. on
broader ground the court statH. add
ing that tho Secretary OF State having
Issued a proclamation OF tho ratification
of the amendment ry tho legislatures rr
thlrty-si1 states. tho Amendment to ali
intents and purposes had become n part
OF tho constitution. Tennessee aUo
West Virginia had power 20 rat!ry. aud
had officially notified tho secretary Of
state that they had duncsr SO. There
acton was binding UP tho secretary, and
upon being certified by that official. had
become, conclusive upon the courts.
The women suffrage Or nineteenth
amendment 10 ths constitution was
challenged In the Supreme court In pro-
ceedings instituted by Charles S. Fair
child Of Now York. for himself and IN
behalf Of tho American Constitutional
League. to en- Join the Secretary of State
from issuing and the Attorney General
from enforcing proclamation deG!aT-
ing the ratification Of the amendment.
and by Oscar Lesser and other citizens
OF Maryland. constituting an orsaHiza-
tioh known a. tho Maryland League
for State Defense" The former epro-
ceedings were based on the ground that
the amendment had not been validity
adopted. and tho latter that the amend
raent was unconstitutional.
Tho Federal courts in tho District OF
Columbia. and the state courts N
Maryland. where the cases, respect vely.
were originally brought ruled against
the objections to tho amendment. In
the oral arguments In the supreme
coI.'t In the t'airch!ld case. the govern
mont contended. that the Secretary OF
State having issued the raQhcat!on
proclamation there was nothing L. re-
strain. and that tho case therefore be.
came moot not presenting a contro-
verSy for judicial decision. In the Lesser
case. the government acknowledged that
the proceedings had been Instituted by
voters who had sufficient interest 10
warrant their presence IN court, but
that tho Issue raised WAS political one
for decision by Congress or for settle
ment IN some other avenue than by ad
judlcatlon In the courts. While the
state OF Maryland had refused 10 rat!ty
the amendment, * was pointed nu; the
state also refused to question its con-
stitutionality.
The power Of. Congress 70 propose tho
amendment 10 tho state legislatures for
ratification WAS assailed hy Its oppun-
ents on tho g-ound that tho people re-
served to themselves IN their state con-
stitutions tho right to regulate suffrage.
and that the Federal government Legal
ly could not have anything whatever: 10
do with changing the "sovere!gn power"
embodied In. suffrage qualifications.