Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1929-06-29

Nlalntlf IS ClGlLen VI 'ho
,tates ard resides in the hrst pre-
met o: Madison Ward in the city
# Richlo md, Virginia. That the flrS5
two above named defendants we're
he duIy appointed judges and the
last named the duly appointed clerk
ar q primary election held in the city
f Rich,nond on the 3rd OF April,
,92S. fer the purposes of nominating
csndida - on the Democratic ticket
for mayor, councilman, and alder
man. That the plaintiff, VINO is
negro, was on that day a male cl'lzeN
" the United States, over twenty :
me yaar3 Of age, in all respects qua,
fed IL -yte IN The ensuing genera!
election. and that se was and naH
been fer sCr,e tine past q nona n's
member Of the Democratic parry OF
the State % Virginia.
To Re-oy2: Damagc9
Tho action S brought ID recover
damages fvr tie res@zcl ~ me ae-
fendants 70 permit the p.aiat!H 70
vote in the above mentioned prlmary
s9lelv because he was Negro. De-
,andal : have fled demurrer to the
F,clar.t:or. This raises the question
~ Meth r inc action Of TIE defendants
y exc u n .Aa p,a.nttF from voting
gas n ,nfri~ cement OF the rights
nara feed to him by the Fourteenth
md Ei.ysan.d Amendments Of the
eder Constitution. The action IS
brouc under Section 43 OF Title 5
- U. 5. c. A.
VIRGINIA Constitution
| SECTION IS of the Constitution OF
v.rgi,.ia pr9v;des as follows:
"TI3 General Assembly shall
a,,-t such laws as are necessary
and r.oner for the purpose OF
securing the regularity and pur-
itv cs general, local and primary
elections, and preventing ana
pur saiug any corrupt practices
in connection herewith; and
sha'l have power, in addition to
other penalties and punishments
now or hereafter prescribed by
law for such offences, to provide
tina persons convicted OF them
shsV thereafter be disqualified
frol voting or holding office.
Pu~suar- to this authority the Cen
a~al Assembly of Virginia has proyld-
Cd (Code 1924, Chapter 10, Section
z2D a comprehensive plan in rela-
ion 70 primary elections, providing
therein for participation by any po-
,;tical party which shall at the pre-
adi9y presidential election have
polle6 a. least one-fourth of the total
vote cast in such election.
Applies to All Nominations
The provisions of this chapter APP
ply to the nominations of all candl-
dates for office to be nominated by a
direct primary. The right is granted
: 20 the party authorities of any pollti-
cal party qualified to participate, in
such primary, to adopt some other
method for the nomination of candl-
dates for office, but when particlpa--
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 or
holding the election and returning the
ballots, the appointment OF commits
sioners to 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 the general election, in
GLIDING provision for the payment OF
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 22S 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 IN
tie laW 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 ne
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 a 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 Democratic
primary would be in conflict with the
Fourteenth Amendment of the Fed
eral Constitution nixon v. Herndon,
273 U. S. 1907, but insist that the
discrimination against the plaintiff
complained of here was the act Of an
individual or 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 SUI
ficient to point out that the Four
teenth Amendment determines that,
persons born in or naturalized ac-I
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
It saws that no law shall he made or