Arizona republican., 1922-02-28
Is. SUPREME
COURT RULES
WOMEN HAVE
EQUAL RIGHTS.
State Legislatures Derive
Power From Constitu-
ton And Must Accept
Nineteenth Amendment
TRepublIcan A. r. Leased wirel

WASHINGTON, Feb. 27. The
constitutionality OF the woman's S
suffrage or nineteenth amendment,
was sustained today by the supreme
court in an unanimous decision rem
dered BY Justice Brandeis.
The challenge came from the state
of Maryland, where Oscar Lesser and
others sought to prevent the regis
tration Of two women as qualified
voters in Baltimore. Lesser and his
associates contended that the con-
stitution OF Maryland limited suffrage
to men; that the legislature of Mary
land had refused to ratify the wom-
ans suffrage amendment and that the
amendment had not become part
OF the federal constitution. The
Maryland state courts sustained the
amendment.
The contention that an amendment
TO the federal constitution relating to
additions to the electorate can not
be made without the consent of the
state, the court disposed of by ref
erence to the fifteenth or equal
suffrage amendment, declaring that
zone can not be valid and the other
invalid" 1t pointed out that the va
lidity of the fifteenth amendment
had been recognized for half CEN
tury.
The suggestion that several OF the
80 states which ratified the nine
teenth amendment had provisions in
their state constitutions which pro-
hibited the legislatures from ratify-
ing, could not be entertained, the
court stated because the state legis-
latures derived their power in such
matters from the federal constitution
which stranscends any limitations
sought TO be imposed by the people
Of q state"
The remaining objection that the
ratlfyiIleA resolutions Of Tennessee
and West Virginia were imperative,
because adopted in violation OF legis-
lative procedure in those states, may
have been rendered ''immaterial' the
court declared, by the subsequent
ratification Of the amendment by
Connecticut and Vermont. The con-
tention was disposed. however, on a
broader ground the court stated, add
ing that the secretary Of state hay-
ing issued a proclamation Of the rat
ification OF the amendment by the
legislatures Of So states, the amend
rnent to all intents and purposes had
become 4 part of the constitution. As
Tennessee and West Virginia had
power to ratify. and had officially
notified the secretary of state that
they had done so, their action would
se binding upon the secretary and
ts3on being certified by that Of
hclal, had become conclusive upon
fi5e courts. The court announced in
dlsposfng of the case, which had been
brought on appeal on a writ Of error,
that it granted the petition of the
parties for a writ Of certiorari, but
~. fk.f0 f01 4 f,rs~ III dfc1
posed Of the objections urged, there
seemed in the opinion Of court Of
ficials no probability that any argu-
ment could be presented which would
cause the court to change its views.
Another attack upon womans suff-
rage was disposed of by the court
today in an opinion handed down
by Justice Brandeis. 1t came from
the courts Of the District of Column
bia and was brought by Charles S.
h'airchield of New York, who sought
to compel the withdrawal of the rat
ification proclamation. Justice Bran
dcis stated that the case must be
dismissed because Fairchild had no
standing which warranted him in
bringing such a suit.
Declaring the decision a final and
complete official recognition of the
victory OF a 72year campaign by the
women of the United States" Alice
Paul vice president OF the National
Woman's party, issued statement
in which she said, Women are now
free to devote their energies to COM
pleting the equal rights program"
She asserted that suffrage was only
one plank and that women asked an
equal share in all political offices,
honors and emoluments; complete
equity in marriage; equality in re-
gard to personal freedom, property
wages and children, and equal rights
IN the courts, schools, trades and
professions"