When the opponents could not prevent ratification they had recourse to the law. The attempt to have a referendum to the voters has been referred to. Efforts were made in many States to have the Attorney Generals declare that the ratification was unconstitutional or that further legislation by the States would be necessary, but they were unavailing. In May, 1920, the official board of the National Woman Suffrage Association retained former U. S. Supreme Court Justice Charles Evans Hughes as counsel and his advice and his opinions widely published proved to be of the greatest benefit. Although one of the most eminent of lawyers his interest in woman suffrage was so great that he never refused any appeal for assistance.
On July 7, 1920, before the 36th State had ratified, Charles S. Fairchild, president of the American Constitutional League, formerly the Men's Anti-Suffrage Association of New York, instituted injunction proceedings in the Supreme Court of the District of Columbia against Secretary of State Bainbridge Colby and Attorney General A. Mitchell Palmer. They sought to restrain the Secretary from proclaiming the Federal Suffrage Amendment when it should receive the final ratification and the Attorney General from doing anything to enforce it. On July 13 the case for the Government was argued by Solicitor General William L. Frierson and Assistant U. S. District Attorney James B. Archer. Mr. Fairchild and the league were represented by Everett P. Wheeler, a New York attorney and officer of the league. He contended that under the U. S. Constitution Congress had no power to submit the amendment and that various ratifications were illegal. Justice Thomas J. Bailey dismissed the injunction proceedings on the ground that neither Mr. Fairchild nor the league had sufficient interest to entitle them to ask for an injunction and that the court had no authority to go behind the action of the Legislatures in voting for ratification. The case was taken to the District Court of Appeals. On October 4 this court denied the injunction and dismissed the case as "frivolous and brought for delay." It was then carried to the Supreme Court of the United States.
Litigation was threatened in Tennessee. In Maryland a League for State Defense was formed to defeat ratification. It succeeded in the Maryland Legislature and had delegations of legislators sent to Tennessee and West Virginia for the purpose, who were not successful. On Oct. 30, 1920, this league brought a test case in the Court of Common Pleas in Baltimore through Attorney William L. Marbury against J. Mercer Garnett et al., constituting the Board of Registry, to compel them to strike the names of two women from the registration books. The suit was filed in the name of Oscar Leser, a former Judge, who had long fought woman suffrage, and twenty members of the league, on the following grounds: The alleged 19th Amendment is not authorized by Article V of the U. S. Constitution; it was never legally ratified by the Legislatures of three-fourths of the States; (those of West Virginia, Tennessee and Missouri were cited); it was rejected by the Maryland Legislature. Everett P. Wheeler assisted in the trial just before Christmas. The case was conducted for the State by Attorney General J. Lindsay Spencer. Judge Heuisler gave an adverse decision on Jan. 29, 1921. The case was taken to the Court of Appeals and set for April 7. The decision of the lower court was sustained—that "the power to amend the Constitution of the United States granted by Article V is without limit except as to the words 'equal suffrage in the Senate.' ... From all the exhibits and other evidence submitted the court is of the opinion that there was due, legal and proper ratification of the amendment by the required number of State Legislatures."
This case also went to the U. S. Supreme Court and there both of them rested. Meanwhile millions of women voted in the general election on Nov. 2, 1920, and in the State and local elections which followed through 1921, and the cases were almost forgotten. Finally in February, 1922, the court heard the arguments, the Government represented by Solicitor General James M. Beck. On the 27th it handed down its decision on the two cases. It upheld the authority of Congress under the Constitution of the United States to submit the amendment; declared that "the validity of the 15th Amendment had been recognized for half a century"; that "the Federal Constitution transcends any limitations sought to be imposed by the State"; that "the Secretary of State having issued the proclamation the amendment had become a part of the National Constitution."
This was the decision of the highest legal authority, from which there was no appeal.
FOOTNOTES:
[131] The History is indebted for this chapter to Mrs. Ida Husted Harper, author of the Life and Work of Susan B. Anthony, and with Miss Anthony of Volume IV of the History of Woman Suffrage, which ended with 1900.
[132] For full account see [History of Woman Suffrage, Volume I, page 67].
[133] Life and Work of Susan B. Anthony, Chapter XVI.
[134] The American Woman Suffrage Association was organized in Cleveland, O., Nov. 25, 1869, with the Rev. Henry Ward Beecher, president; Lucy Stone, chairman of the executive committee, to work especially for amending State constitutions. The two bodies united in February, 1890, under the name National American and the association thenceforth worked vigorously by both methods.