Milford chronicle., 1927-03-11
VOTDS BAN ON NEGRO
VOTERS AT PRIMARIES
in SOME STATES
(contlnued from lrst parel

Widespread interest, partly for its
bearing on recent Illinois and
Pennsylvania primaries, in which
the question of Federal contest over
State primaries was involved also.
The decision was handed town
in the case OF L. A. Nixon, an Ell
PasO Negro, who sought unsuccess-
fully in the lower courts to recover
damages against election Judges
who refused to permit him to vote
at a Democratic primary election.
Moorfeld Storey, of Boston. his
counsel, told the Supreme Court
that 100000 Negro voters in Texas
had been excluded as ineligible to
participate in Democratic primaries.
Nixon himself said that he had
voted the Democratic ticket for
years prior to passage OF the law.
That private damage may be
caused by such political action and
may be recovered for in a suit at
law hardly has been doubted for
more than 200 years and has been
recognized by this court" said the
opinion.
IF the defendants conduct was a
wrong to the plaintiff the same
reasons that allow a recovery for
denying the plaintiff a vote at final
election allow it for denying a vote
at the primary election that NAV
determine the final result. The i'm
portant question is whether the
statute car be sustained.
But although we state it as A
question, the answer does not seem
to us open to a doubt"
The Federal District Court for
Western Texas. where Nixon sought
$4,000 damages for alleged depriva
tion OF rights under the Federal
and Texas constitutions. dismissed
the suit. holding that no question
within its jurisdiction was present. |
ed. The Supreme Court was urged /
because OF the Importance of the |
to dispose of the an !
peal or its merits and announce in |
unqualified terms the exact relation
ship OF primaries t. elections.
AS analyzed by the Court during
oral argument. the controversy was
narrowed ir all oi It's constitutional
aspects to the question whether
party primaries are elections. The
constitutional guarantees against
discriminating or account OF race.
color or previous condition OF seryi-
tude had been annulled. and his
rights as citizen of the United
States to vote" had been abridged.
Nixon contended by the law of
Texas under which Negroes are
prohibited from voting in Democrat
ic primaries.
The Fifteenth Amendment to the
Federal Constitution was restricted.
he asserted. to the right to vote.
Democratic primaries in Texas
were conducted. he asserted. for
the selection OF candidates by vot-
ing. Declaring that he had long
beer 2 Democrat. and had complied
with all laws regulating the qualifi-
cation OF voters in the State. includ-
Ing the payment of poll taxes. he
denied that the Executive Commit
tee OF his party's organization in
Texas by fiat could lawfully pro-
hibit him and other Negroes affil-
I
from voting in party primaries. or
that the State Legislature could en-
act law which would be valid to
give effect to such an order.
Declaring that the Democratic
Party in Texas was a private or
ganiZatiOn, which financed itself,
one OF whose functions was to
select candidates to be voted for at
the general elections, the State of
Texas asserted that to deny such an
the right to lay down
it's qualifications for membership
would be to deny the members fun
iamental rights as American citi-
sens.
It was well known. he State an
bounced. that the Democratic Party
n Texas was a white mans party,
md that white people have just as
much right to organize their own ;
private political party as have citi-
.ens generally to vote at general
elections