Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1929-06-22

plaintiff Is ClLlLeu VI ShS OSN
states yld resides in the first pre-
sinct Ct Madison Ward in the city
If Rict rond, Virginia. That the first
two ab3ye named defendants were
the du,y appointed judges and the
last named the duly appointed cerH
at a primary election held in the city
If Richyaord on the 3rd Of April,
1923, foc the purposes OF nom!ea.ihg
candids.as on the Democratic t.cKe'
for m y0r, councilman, ana alaer-
nan. That the plaintiff, who IS
>-egro, was on that day male ciazen
E the United States, over twenty
me wears of age, in al respects ga.
ified to vote in the ensuing genera!
aIecti-~. and hat = vas and ~
been f-r s-ma t;re pat bona noe
memb9~ o. tha pe..cc! S.t:c party o.
the Sta.a of Virginia.
To Recover Damages
The action is brought 10 recover
damages for the refusal " ne de-
fendau.5 g rc"::.::;;. TIE plaintiff 70
vote in tae above mentioned primary
solely because ne was Negro. De
fanda ut; heye fled ! demurrer TO the
lacIar1 Tor. THIS rlises ,ha question
,yhetFs~ t G cction of The defendant
~ eyalr4,rg .ae plaintiff from voting
vas gr irrr'-eeGac2! f the rights
guara azaed tc him by the Fourteenth
and Fifteenth Anceodments Of tae
Federal Constitution. The action IS
sroucls Unlar Section As Of Iis!e 8
of U. s C. A.
Sec len &c of the Constitution Of
Virginia arovides as follows;
Tie General Assembly Shall
enact cuch laws as are necessary
and proper for the purpose OF
securing the regularity and pur-
. ity of general, local and primary
elections, and preventing and
Furnishing any corrupt practices
in connection Herewith; and
sha" have power. in addition to
other PENALTIES and pun:shments
now or hereafter prescribed by
law for such offences, to provide
thai persons convicted Of them
shall thereafter be disqualified
from voting or holding office"
Pursuant to this authority the Cen
eral Assembly of Virginia has provId-
I'd (Code 1924, Chapter Is. Section
22N a comprehensive plan in .rela-
ION to primary elections, providing
-he-a:n for participation by any po-
litical party which shall at the pre-
cading presidential election have
polled at least oue-fourth of the total
y,ota cast in st,ch election,
Applies to All Nominations
The provisions Of this chapter ap-
ply to the nominations of all candl-
dates for office to be nominated by a
direct primary. The right is granted
to the party authorities of any politI-
cal party qualified to participate. in
such a primary, to adopt some other
method for the nomination OF candl-
dates for office, but when participa--
ton in the direct primary is decided
on by such party authorities, the time
when the same is TO be held, the con.
duct of same, the appointments OF
Judges and clerks, the method of
holding the election and returning the
ballots, the appointment of commits
sioners 20 canvass the vote, the duty
of the State Board of Canvassers IN
relation to declaring the result, the
provision for securing order at the
polls. the prevention of frauds IN the
election, are all provided for in like
manner as in tde general election, IN
Guiding provision for the payment or
the expenses of holding and conduct
ing the primary payment of judges
and clerks of election, furnishing nee
essary stationery and supplies, rent
of polling places, furnishing and dis
tributing ballot boxes and poll books,
ETC., in the same way and to the same
extent as in a general election.
Who May Vote
Section 228 provides who may vote
and includes "all persons qualified to
vote at the election for which the
primary is held, and not disqualified
By reasons of other requirements an
the lac of the party to aVhich he be-
longs" Italics added) 1t further
provides that no person shall vote
except for the candidates of the par
ty to which he belongs and which he
supported in the preceding election.
The declaration alleges and the de-
murrer admits that the plaintiff was
excluded from voting in the direct
primary because of a resolution
adopted by the State Democratic
Convention in 1924, pursuant to the
authority of the Statute, declaring
that only white persons should par
ticipate in Democratic primary.
Admission of Counsel
Counsel for defendants admit, as
of course they must, that statute OF
a State which attempted to exclude
Negroes from voting in a Democratic
primary would be in conflict with the
Fourteenth Amendment of the Fed
eral Constitution nixon v. Herndon, |
273 U. S. 1867, but insist that the
discrimination against the plaintiff
complained of here was the act of an
individual or a group of individuals
acting as such, and therefore not
within the purview of the Federal
Constitution.
History and Circumstances
The history and circumstances of
the adoption of the Fourteenth and
Fifteenth Amendments to the Con-
stitution have no place in this dis
cussion. For the present it is suf-
fcient to point out that the Four
tenth Amendment determines that
persons born in or naturalized &C,
cording to law are citizens of the
United States and of the State where
they reside. That no State shall
abridge the privileges and immuni-
ties Of any citizen or deny him equal
protection of the laws. To the States