The Clayton news. (Clayton, N.M.) 19??-1954, 1922-03-03
18TH AMENDMENT HELD
VALID BY SUPREME COURT

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the supreme court in an unanimous
decision rendered by Justice Brand
els.
The challenge came from the state
Of Maryland, where Oscar Lesser and
others sought TO prevent the regis
tratlon of two women as qualified
voters in Baltimore. Lesser and his
associates cOntended that the con-
stitution of Maryland limited suf-
frage to men; that the legislature of
Maryland had refused TO ratify the
woman's suffrage amendment and
that the amendment had not become
a part of the federal constitution.
The Maryland state court sustained
the amendment.
The contention that an amend
ment to the federal constitution re-
lating TO additions to the electorate
cannot be made without the con-
sent of the state, the court disposed
! OF by reference TO the fifteenth
or equal suffrage amendment de-
claring that one cannot be valid and
the other invalid. II pointed out
that the validity of the fifteenth
amendment had been recognized for
half a century.
The suggestion that several of the
thirty-six states which ratified the
nineteenth amendment had provis-
ions in their state constitutions pro-
hibiting the legislature from rati-
| Tying, could not be entertained, the
court stated, because the state leg
islatures derived their power in
such matters from the federalscon-
stitution, which transcends any linn
itations sought 10 be imposed by
the people of state"
The remaining objection that the
ratifying resolutions of Tennessee
and West Virginia were imperative
because adopted in violation of leg
islative procedure in those states.
may have been rendered "immater-
ial, the court declared, but the sub
sequent ratification of the amend
ment by Connecticut and Vermont.
The contention was disprOyed. hcI.-
ever, on broader ground, the court
stated, adding that De secretary of
state, having issueNa a proclamation
Of the ratification of the amendment
by the legislatures of thirty-six
states, the amendment to all intents
and purposes had become a part of
the constitution. As Tennessee and
West Virginia had power to ratiry.
and had officially notified the secre-
tary Of state that they had done So.
their action would be binding upon
the secretary. and upon being cerli-
fled by that official, had become
conclusive upon the counts. The
court announced in dispOsing of the
case, which had been brought on
appeal on a writ of error that it |
granted the petition of the parties |
for writ of certiorari but the de-
cisiOn today so thoroughly disposed
Of the objections urged there SEEM |
ed no probability that any argument |
could be presented which would |
cause the court 10 change its views
Another attack on wOman's suffrage |
was disposed of by the court today, /
in an opinion handed down by Judge
Brandeis, II came from the courts |
of the District Of Columbia, and was
brought by Charles S. Fairchild. of
New York, who sought 10 compel the
Of the ratification proc
lamation. Justice Brandeis stated
that the case must be dismissed be-
cause Fairchild had no standing that
warranted him ia bringing such a
suit.
Declaring the decision final and
complete official recognition of the
Of a seventy-two wear cam
paign BY the women of the United
States" Alice Paul vice president
Of the National Womans Party, is
sued statement in which she said
Women are now free TO devote
their energies 70 completing the
equal rights pf0gram. She assert
ed that suffrage was only one plank
and that women asked "an equal
share in all political offices, honors
and emoluments; complete equity in
equality in regard 10 per-
iooal freedom, property, wages and
and equal rishla n the
'osFis sehoOla trades and p4ofes-
Sons