San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-10-21
Attorneys for Local Negro
Will File Suit in
u. S. Court.
SEEKS AN INJUNCTION
To Determine Whether
Negroes Can Vote in
Democratic Primary.

Suit to test the constitutionality Of
the white mans" primary law. en-
acted at the last session of the Texas
Legislature and which excludes
negroes from the Democratic primary
elections in Texas will be filed in
federal court here Monday. it became
known late Saturday. Although it
is expected that the fight will be
taken TO the highest court in the
land, those instituting the suit hope
TO get final decision before the
primary election next summer.
The suit is being filed by negro.
r. {. Chandler a local contractor
who served in the World War and
who was wounded overseas. De-
PENDANTS named are the governor of
Texas, Walter 4. Keeling. attorney
general of the state and Robert q.
Harris. chairl-.an of the Bexar County
Democratic Committee. Carl Wright
johnson and J. \. Woods are the at
torneys for the plaintiff.
Chandler seeks in his petition TO
restrain the governor of the state,
the attorney general or the Bexar
county Democratic executive chairman
from attempting TO enforce the pro-
visions of the white mans primary
law, or to interfere in any way with
his voting in the Democratic primar-
les. He alleges that he is citizen
of the state and n qualified voter.
having already procured his poll tax
for the new year.
Say 1t Violates Constitution.
The petition attacks the state law
on the ground that it is in direct
conflict with the provisions of the
federal constitution which guarantees
equal protection" TO all citizens of
the United States. 1t is claimed
further that this law is in violation
of Section | of the Fifteenth amend
ment. in that it. would deprive the
plaintiff of the right TO vote ION ac-
count OF race. color. or previous con-
dition OF servitudc."
The federal constitution, the pet
ition alleges gives all citizens of The
United States the right 20 vote III
all elections. 1t does not specify gen
eral elections" The Texas law seeks
TO prevent negroes from voting lii the
ElMccratic primaries only.
Tho white mans" primary I?w
was known as the Bowers bill and
ocig mated in the %enatc. District
Artpincy u. \. McAskill. Of BcXar
ccUu.r. was one of its IDCsr a"leIt
s1pgaI ters and it was Seuctally re-
liev,,i il Bexar county that he Sought,
br its enactment, 10 J:ing about the
defeat of John W. Tohil, vino for ~
years had been sheriff of BpX3r
county. Mr.. Tobin was c'actad mayor
of the city at the last municipal cleo
tion.
Aimed at BeXar County?
The bill, it is claimed by local
politicians, was aimed primarily at
BcXar county because Of the unusually
large negro vote in the city of San
Antonio. This county is Ovcrwhe.m
ingly Democratic and Il nomination in
the Democratic primaries is equivalent
to an election. BeXar comfy stale
Representatives, however. declare
that the bill was passed IN al effort 10
meet the requirements OF the Demo
cratic platform for white supremacy.
and was Il compromise OF the pri-
binary pledge question.
1t was claimed by supporters of
the bill Saturday that its constitu-
tonality already has been establish
Jed. the Supreme Court of the United
States having held that primary
cannot be classed as an election. OPP
poncnts of the measure. however. con-
tend that it can be shown that the
bill is in violation of the federal
constitution aud seem confident that
tbev will vim ont in the fight