San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1924-04-05
BAR NEGROES
FROM VOTING
i'm PRIMARY
Judge West Holds Demo-
Gratis Can Exclude
Them
A PARTY AFFAIR
Dismiss Bill Of Complaint
Filed by Bexar Coun-
| ty Negro.
NOT UNCONSTITUTIONAL
Attorney Considers Appeal
to United States -Su-
preme Court.
A PARTY AFFAIR
NOT UNCONSTITUTIONAL

Constitutionality of the White
Mans Primary law was upheld nv
Federal Judge DuVal West in a menu
orandum of opinion read in omen
court, Saturday morning, when a mo-
ton to dismiss the bill of Complaint
filed by Hurley c. Chandler. a Bexar
county negro, whereby the negro
sought to restrain the governor. the
attorney general of Texas. and the
chairman of the county Democratic
executive committee from interfering
with his alleged right of franchise, was
sustained.
The defendants motion to dismiss
attacked the bin complaint on two
grounds, the FIRST being that the court
was without jurisdiction 10 enforce
the remedy OF Injunction against the
state and Democratic officisls be-
cnuse purely political matter was in
yolved. and on the further grounds
that there was no violation in the
White Mans Primary law of the four
teenth and fifteenth amendments 10
the federal Constitution.
May Appeal Decision.
After sustaining the first grounds
mentioned, the court said that his ac-
ton in sustaining the first grounds
would make it unnecessary for him :,
pass upon the constitutionality of the
White Mans Primary law, but be-
cause of the importance of the aues-
ton involved. the litigants were en-
titled to a full opinion.
j. Nj. Woods, who is now acting
alone as the attorney in behalf of Hur-
ley c. Chandler, his co-counsel, c. W.
johnson having filed a motion OF with
drawal. Saturday morning. on the
grounds that he was disqualified to
act as an attorney in the case. said
that he had not yet determined as to
whether an appeal from Judge Vests
ruling will be made directly to the
Supreme Court of the United States.
The matter is now under considera-
ton, Mr.. Woods announced.
Two Questions Involved.
Judge West read his opinion to the
court without oral argument from the
attorneys. Written briefs and argu-
ments had been submitted some time
ago. Judge West said.
''The two main questions presented
by the defendants as TO the suffi-
cheney Of the plaintiffs petition are:
diction and authority to grant aud en-
force the remedy of injunction against
the defendants: ard does the act in
question abridge the privileges OF I'm
munities or is the right 10 vote denied
ior abridged because of race or color
of the plaintiff. negro citizen of the
United States:" Judge West said.
The power of the court of equity
by way OF injunction has never in
England nor in America been exterd-
ed TO political affairs. The issue
raised by the petition as a whole is
clearly the assertion OF tue political
right granted by the Constitution ot
the United States and denied BY s0
act of the state of Texas. The remedy
sought is that the hands Of the de-
PENDANTS be stayed and enioined from
enforcing the act. The petition. thece-
fore. is seeking from this couT. OF
equity, power and authority which Is
denied it by law"
Primary Not Election.
After citing various authorities. the
court sustained the objection OF to-
defendants upon these grounds. TIE
court then proceeded to disecSs the
constitutiOnaiity Of the White Msn's
primary law.
"The answer to the second question:
is practically found in the answer to
the question as 10 whether or not n
primary election is that character OF
election that comes within the mean
ing Of the. fourteenth and fifteenth
amendments 10 the Constitution OF tae
United States. Generally speaking a
primary election is understood 20 ne
one which is limited 20 qualified voters
of political party for the purpose o.
nominating q party's candidates for a
state or national office TO be voted
upon at future election Of the people
generally"
Uphold Power OF State.
The court then quoted the revised
statutes OF Texas. Article S0Sa. IN
which a primary election is defined.
He then continued:
The right and power Of The State
10 promote the health and general wei
fare of its people IS The right reserved
To itself and is not granted % the
nationsl government; thar i 70 say. x
retains its police powers which necFs-