The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-07-29
NEGROES MAY Be BARRED
FROM PARTY PRIMARIES
Acknowledgement Pollard Constructs
Provisions OF New Pure
Election Act.
GIVES OPINION TO DIcKEnsoN
Law Recognizes Right OF Party TO
Prescribe Qualifications of Voters.
Plan May Specify That Only White
Democrats Can Participate.

IN an opinion made public yesterday.
Attorney General Pollard holds that
the action OF thc Democratic party in
adopting plan under which the cleo
toratc in primaries is limited to white
Democrats only. is valid under tho
provisions "f the new primary act.
lie holds further that tho General
Assembly in the act Of March %. 1914
expressly recognized the right Of par
ties I" prescribe qualifications TO vote
in primaries othcy than the quail
iic2'ions set out in the general law.
The ruling is regarded As OF the
Nrst Importance from it's bearing uUor,
tho recent Administrative Hoard cleo
ton. in which II considerable number
OF colored voters were permitted to
participate Local politicians closely
in touch with the situation make :hc
assertion that not less than seventy
'ive negroes voted in the primary on
July Ii. for members OF the board
CRITICISM or RECENT
ADMINISTRATIVE BOARD PRIMARY
Criticism of the colorcd participa-
ton in the board primary was voiced
IN many quarters upon election dav
ana on the ys.iinmediatcly following.
The charge WAS MADE that friends OF
certain OF the candidates made a con-
siSt"ut effort to convince negro voters
IN al parts OF tn" city that they had a
right To participate in the primary.
The fact that the margin between tho
winners aud losers in the election was
10 large that the colorcd vote could
not have been q deciding factor pre-
vented a protest which would have as
suuco the proportions OF q scandal
MIR, roliard's ruling is further zig
niiicant from the fact that il is the
hrst official statement Of tho law as
applied to The right of parties to re-
strict the electorate To white voters
The point was given only slight atten-
tlou ia the General Assembly when the
primary bill WAS being carefully am
alyZcd. II asserts in positive language
that paroles have the full right under
the n-w Law TO bar negroes from par
u-ipatioE in their primaries. and sets
at rest u V.Xed question.
inc question WAS put to the Attor-
ncy-Goneral by James +. Dickcrson.
who applied to MIN for Il ruling on
July 1.-THE day after the Administra-
tive Board primary.
TENT oT RULING. OF
ATTORNEY -GE:NER Al.
Mr.. Pollard replied under date Of
July -. as follows;
Mr.. james l. Dickerson. 2sl6 East
Marshall street, Richmond, Va:
DEAF Sir,-Yours Of July II. asking
my opinion as 10 whether negroes can
legally vote i'll Democratic primaries.
received Under the law, ! am made
the legal adviser OF the Governor and
officials and boards ut the scat OF gov
crnmcnt, aud the rendering OF opin-
ions 10 individuals is not within my
duty as prescribed by law. But as n
personal courtesy TO you, and because.
rs a Democrat and a citizen. | am
greatly Interested in the question you
PROFOUND, I herein give YOU my view
as to the status of the law under the
primary act. approved March 20. 1914.
II provides as follows:
All persons qualified TO vote at the
election TOR which the primary is held.
and rot disqualified by reason Of other
requirements III the law OF the party to
which he belongs, may vote At the p;i-
mary" etc.
From the above language il would
seem that the General Assembly has
expressly recognized the right OF par
ties 10 prescribe qualifications to vote
in primaries other than the qualinca-
tions set out in the general law. The
Democratic party plan. adopted Fcbru-
AIRY 10. 1913. expressly provides that
only white Democrats may participate
in the primary
While am OF the opinion that the
General Assembly has the power TO
take away from party authorities the
right 10 prescribe different qualinca-
tons for participating in prina ri $
I than those prescribed for general cleo
! tons. yet it also has the right TO per-
, init party authorities to prescribe quail
lhcatIons Tor participation in party pri-
| mares. anc this permission is given
by ihc terms al the statute quoted
] ain, therefore. of the opinion that
the rule Of the Democratic party limit
T, ing the electorate in primaries to white
Democrats ia valid.
Allow inc to add TINT Virginia's sad
experience with fraud and corruption,
| induced and encouraged by negro suf-
fraEc, is sufficient Justification for my
saying that those who seek. to again
Introduce the negro problem into our
primary on general elections should be
considered rs enemies; both to the
state ana the party.
Yours truly,
tSigncd)
JOHN GARLAND POLLARD.