At twelve o'clock the suffragists went to the reception room of the Governor, who announced that he wished to give them all the time that they desired to present their case. The speakers were Mrs. Sydney M. Cone, Mrs. Shoemaker, Miss Kate McLane, prominent in war work; Mrs. Robert Moss, Guion Miller representing the Society of Friends; Mrs. Robert H. Walker, the college women; Miss Hunt, the nurses; Miss Mary Dubrau, the eastern shore. The Governor, answering, said that the ratification was a question for the Legislature alone to determine; that the platform on which he ran pledged the Democratic party against it and that he could not ask the legislators to repudiate the platform. Mrs. Hooker in vigorous language held him wholly responsible for the action they took on it.
In the afternoon Representatives Cobourn, McBride, Shartzer, Demarco, Jones and Gambrill spoke for ratification. The vote stood 64 noes, 36 ayes. The same afternoon Senators Metzerott, Gibson, Bartlett and Robins earnestly urged ratification; Senators J. Frank Parran, McIntosh and Legg spoke against it. The vote stood 18 noes, 9 ayes, seven Republicans and two Democrats. In the House 32 of the 45 Republicans and 4 of the 56 Democrats voted in favor.
Undaunted by their defeat the suffragists gathered in front of the State House and with colors flying and band playing martial airs marched two by two around the Capitol, receiving many cheers and good wishes from the spectators. A brief meeting was then held at which resolutions of appreciation were passed for all the brave men who had fought so valiantly for democracy.
Committees of both Houses had reported a resolution of definite rejection, which the Senate passed, and a delegation of women from the Anti-Suffrage Association, headed by Mrs. Gibbs, carried it to Washington and presented it to the Acting Secretary of State, serving formal notice that "the State of Maryland denies the lawful right and power of Congress to propose the amendment for woman suffrage and the validity of such an amendment as part of the Federal Constitution even if ratified by three-fourths of the States."
The Maryland Legislature was by no means satisfied with its demonstration of State's rights in defeating the ratification of the Federal Suffrage Amendment but it undertook to interfere with the rights of other States. On February 24 the House of Delegates voted by 54 to 44 for a joint resolution to send a delegation of seven anti-suffrage members to West Virginia to urge its General Assembly to follow the course of Maryland in rejecting the amendment. This was adopted by the Senate with little delay and three of its members were appointed to accompany four selected by the House. The next day two resolutions drawn up by Mr. Marbury were introduced in the Legislature. One was to "repeal, rescind and recall the resolutions ratifying the so-called Eighteenth Amendment to the Constitution of the United States." The other authorized and requested the Governor to call on the national government, in behalf of the State of Maryland, to "have the so-called Eighteenth Amendment and the Volstead Act declared null and void." The reason for his opposition to woman suffrage was clearly apparent.
On March 30 by a vote of 20 ayes, 7 noes, the Senate passed a joint resolution introduced by George Arnold Frick authorizing and directing the Attorney General of Maryland to bring suit or suits to prevent the Secretary of State of the United States from proclaiming the Federal Amendment prior to the holding of a referendum thereon in certain States, and to test the validity, should the same be ratified by the elected Legislatures of three-fourths of the States. This also passed in the House. The opponents thought that now they had spiked every gun but in September it was discovered that the vote on ratification had been pigeonholed instead of being sent by the Governor to the Secretary of State in Washington. Immediately there was hustling to bring it again before the two Houses and on September 22 it was rejected in the Senate by a vote of 17 to 8 and in the House by 51 to 42, nearly a month after the Federal Amendment had been proclaimed!
A Men's Anti-Suffrage Association had been formed under the name of the Maryland League for State Defense and a suit was brought by its board of managers. This was called the case of Leser vs. Garnett, Judge Leser and his associate lawyers representing this League, Mr. Garnett representing the Board of Registry of the 7th Precinct of the 11th Ward of Baltimore. On Oct. 12, 1920, Judge Leser challenged the registration there of Cecilia S. Waters (white) and Mary D. Randolph (colored) in order to test the validity of what the "antis" called the "alleged" 19th Amendment. The plea was that it exceeded the amending power of Article V in the Federal Constitution and that it was not legally ratified by 36 States. The States arraigned as having illegally ratified were West Virginia and Missouri. The case came before the court of common pleas, Judge Heuisler presiding. Besides Mr. Marbury the attorneys for the petitioners were Thomas Cadwalader, Senator Frick and Everett P. Wheeler of New York. The defendants were represented by George M. Brady, Roger Howell, Jacob M. Moses and Assistant Attorney General Lindsay C. Spencer. The case occupied four full days and the petitioners lost. Judge Heuisler ruled that the power to amend the Constitution of the United States granted by the Fifth Article thereof is without limit except as to the words, "equal suffrage in the Senate." He added: "The court is further of the opinion from all the exhibits and other evidence submitted that there was due, legal and proper ratification of the amendment by the required number of State Legislatures." Mr. Wheeler contended that three-fourths of the States had not legally ratified, to which the Court answered: "There was one legal and proper ratification of the amendment by the required number of State Legislatures."
The case was carried up to the State Court of Appeals and argued on April 7. On June 28 the Judge affirmed the decision of the lower court. The case was then taken to the U. S. Supreme Court, which gave a decision adverse to all these claims and established the validity of the Federal Suffrage Amendment beyond all further controversy.
MARYLAND. PART II.[76]
The Woman Suffrage League of Maryland was organized Feb. 27, 1917, in Baltimore at a meeting called with the approval of the National American Woman Suffrage Association. Mrs. J. Ross Thompson of Garrett Park was elected president and served for two years. The league started with a sustaining membership of 1,400, including organizations in Baltimore and thirteen counties. By 1920 the city was organized by congressional districts and some of these by wards; twenty of the twenty-three counties had organizations, some of them strong branch leagues, others merely small groups with a chairman.