Evening star., 1927-03-23

Decision by the United States Su-
preme Court that the Texas law for
bidding negroes to vote in Democratic
PRIMARIES is unconstitutional has been
followed by Nationwide discussion of
several issues which are involved. 1t
is contended by some papers that Fed
eral action on the Texas control of
primaries is a blow to State rights.
Many Southern comments indicate a
tendency to return to the convention
system as a means of accomplishing
the exclusion that was attempted by
the Texas law. The establishment of
the primary as an essential part of
the process of election is accepted as
strengthening the Se11ate's rights in
the Ware and Smith cases.
Referring to the fact that Texas
enacted into law what has been stand
ard custom in the Southern States
for long time" the Sioux City Trib-
une independently says: This de-
cision is important to every Southern
State, in that it opens the way to con-
test attempts to prohibit colored
voters from voting as they please in
primaries. 1t is doubtful If any de-
termined attack on the standard Gus
tom will be launched, so long as no
law is enacted to enforce the reStric-
ton. Texas Democrats are quoted as
making plans to accomplish the same
result in some other way. The way
is likely to be found" The Tribune
adds that more important, however,
is the implication in this decision that
the Supreme Court will uphold at
tempts by the Government to extend
the corrupt practices act to cover the
conduct of State primaries in which
aspirants for national offices are Sc
lected. In view of this Texas
case decision Senators and Represent
atives at Washington are going to in
sist that their right to inquire into
primary practices be recognized"
y \
"The State of Texas certainly does
not have the right" agrees the Fort
Worth Star-Telegram independent
Democratic), ito formulate member
ship qualifications for political
party. Such a right would give the
State power to declare that there
should be but one political party or
none at all. The State was exceeding
it's authority in more ways than the
Supreme Court pointed out when it
formulated the statute complained OF. :"
That paper, however, feels that "On-
less some way is found to keep DEM
ocratic primaries free of negro votes
the Democratic party in Texas will
likely be disposed to do away with
the primary law and return to the
convention system, under which, ex-
clusion of negroes was legal"
''The decision may demand" ac-
cording to the Raleigh News and
Observer Democratic), that primaries
be conducted by party associations
outside the law or by conventions or
other methods in which no govern
mental power is invoked. IL so, the
Iegalized primary might have to be
abandoned. Certainly the South will
make a way or find one, within the
law, by which nominations in Demo
cratic primaries will be controlled by
white voters" The Indianapolis
News independently also believes that
'in view of conditions in Texas, much
was to be said for the law as way
to keep the naming OF party cand1-
dates within party ranks. The
Supreme Court held in the matter
that the Constitution protects citi-
zens from discrimination in voting
laws on account of color. 1t is within
the rights of the State to lay down
qualifications of their voters, but color
has nothing to do with them. This is
obvious as a principle of government"
concludes the News.
There are some who think that the
need of white primary has long since
passed. remarks the Savannah Press
Democratic), "but the press cannot
take this view. For years yet the
primary should be protected and
maintained in Georgia. There have
been instances where Democratic can
didates have brought colored voters
into the primary and tried to in