Evening star., 1927-03-08
u. s. CONTROL SEEN
| IN PRIMARY RULING
Decision in Texas Case Held
to Class PreIiminarieS as
Part of Elections.
BY DAVID LAWRENCE.

The Supreme Court of the United
States has handed down a decision
which NAV give added strength to the
idea that an election nowadays IN
cludes not merely the Anal baiioung'
but the preliminary steps such az pri'
maries wherein nominees are CHOSEN.
The Texas statute. which mas just
been held unconstitutional ny unahi-
nous decision of the Supreme court,
was passed with the idea that negroes
could he prohibited from voting IN the
Democratic primaries and yet not dis-
turh their privilege of voting In Re.
publican primary. 1t was assumed
that the constitutional amendment
which SAYS no citizen shall be deprived
of the right to vote because OF race or
color. merely applied to the final cleo
ton. The Supreme Court takes the
view that any election in which the
public participates must admit all who
apply-at least those who apply for
the privilege cannot be turned down
because of color.
Educational Requirements.
The Constitution does not, of course.
guarantee the right to vote. as this Is
a matter on which the States can pre-
scribe qualifications. Thus the Demo
tain educational requirements be salts
fed before a voter is accepted into
the primarieS There Is aS yet nC
constitutional bar which prevents the
use of educa tional or property require
ments as basis for discrimination.
The South will continue. no doubt.
to use the educational basis as
means of drawing the color line,
though an admission by any election
official that color and not lack Of
education was the reason for disquali-
fication will permit the recovery Of
damages-another point which the STU
preme Court decided in it's Monday
decision.
The moot point involved in the
Question of prohibiting negroes from
voting was, however. not Of as much
concern to politicians here as the In
clusion of the primary in the election
process, which Is subject to Federal
supervision. There are many ways
by which negroes will be prevented
from voting. so this phase of the mat
ter will cause little trouble.
Affects North, Too.
II, however, the Federal Govern
ment Is to take unto itself the right
to say whether voting in primaries
has been in accordance with the Con
stitution. then Northern as well as
Southern political leaders are affected.
The two pending cases of primary
elections in Illinois and Pennsylvania
are unquestionabIy going to be brought
into the argument. For IL primary
election in Texas among the Demo
Gratis, which is equivalent to an cleo
ton, is subject to Federal control, SO
also Is a primary among Republicans
in a State where the choice by the
latter is equivalent to an election.
The Senate Is made the sole judge
of elections to it's membership, but II
has been argued that primaries are
not really elections. The Supreme
Court rather leaned to the opposite
view in the Newberry case on the
ground that State primaries are sub
ject to State laws, even though nomi-
nations for Federal Office are being
made. This theory still has staunch
defenders among those who say that
neither the Illinois nor Pennsylvania
case comes within the Jurisdiction of
the Senate.
Question Still Unsettled.
The question that has been left un.
settled by the two decisions is whether
the Senate can regard an election and
primary as one thing, just as the Su
preme Court did. The Senate will be
asked to vote on this question when
Messrs. Ware and Smith apply for
admission, and many of those who
hitherto have been doubtful about the
right of the Senate to Judge an elec
ton other than the final contest now
will be less influenced by the New
berry decision of the Supreme Court
Senator Borah and some of the
others who hope to unseat both Mr.
Ware and Mr.. Smith frankly point ts
the latest decision as having a de
cided bearing on the right of the
Senate to inquire into primaries.
tCopyright 1927