The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1922-03-03
SUPREME COURT
D. k. s SUFFR RACE
Nineteenth Amendment to the
Constitution Is Upheld.
DECISION GIVEN BY BRANDEIS
Finding Based on Ground That Attack
Is Unsound and Challenge of
Validity of Ratification Not
Well Founded.

w dSHlllSLOu, L gu. Zo.-1n6 WOMEN
suffrage amendment, the nineteenth to
the United States Constitution, was
upheld as valid b. the Supreme court
of the United States. The decision OF
the court was rendered by Justice
Brandeis in the appeal of Oscar Lesser
and other citizens of Maryland.
The court dismissed for want of
jurisdiction the test case filed by
Charles S. Fairchild of New York on
the specific ground that he had no
standing to bring such a proceeding
and did not present case within
the jurisdiction Of the court.
The amendment was challenged by
Mr.. Fairchild, for himself and in be-
half of the American Constitutional
league, to enjOin the secretary Of
state from issuing and the attorney
general from enforcing a proclamation
declaring the ratification of the
amendment, and by Oscar Lesser and
other citizens of Maryland, cOnstitut-
ing an organization 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 lat
ter that the amendment was I'M
constitutional.
Power of Congress AssaiIed.
The power of congress to propose
the amendment to the state legisla-
lures for ratification was assailed by
it's opponents on the ground that the
people reserved to themselves in their
state constitutions the right to regu-
late suffrage, and that the federal
government legally could not have
anything whatever to do with chang
ing the sovereign power" embodied
in suffrage qualifications.
"The people were not setting up an
amending agency for their own de-
structfOn," the opponents cOntended
asserting that in limiting federal iuris-
dictiOn the sovereign people" did not
intend that their agents conducting
the federal government should have
the power to destroy them. Following
this line of argument it was argued
that the people alone by amendments
to their state constitutions or by
constitutional convention called for the
purpose could extend or abridge their
sovereignty.
Race Amendment Cited.
The fifteenth or race-Suffrage
amendment, adopted after the war be-
tween the states, was not a precedent,
it was asserted by the opponents be-
cause it was an expression of the
results of revolution" acquesced in
by all the people, for the 'recOnstruc-
ton" of the nation. by extending to
the negro race freedom and equality.
for which the war was fought"
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
woman suffrage insisted naming Mis-
souri,, Tennessee and West Virginia.
counted among the sc states necessary
for ratification. us not to have legally
acted
OSCIdI1IlS 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 its power. 1t took this
position when requested for an
opinion" by George Washington and
has on repeated occasions adhered to
it.
Bars Use of Canadian Lines.
The merchant marine act of 1920,
known as the Jones law, prohibits
transportation of merchandise between.
Alaskan ports and continental United
States by Canadian rail and water
lines, the Supreme court announced in
a case brought by the territory of
Alaska and the Juneau Hardware COM
pany against the collector of customs
for Alaska