Evening star., 1929-07-28
VIRGINIA PRIMARY
SUFFERS ASSAULT
New Political Debate Caused
by Another Attack by Rev.
Mr.. Hepburn.
Special DISPATCH TO The star.

Special Dispatch to The star.
RICHMOND, Va, July 27.-Another
maneuver against the hitherto exclusive
primary system of Virginia is exciting
q new political debate here as the
Democrats prepare for the Summer pri-
mary of August at which local officers
and candidates for governor. lieutenant
governor and attorney general are to be
nominated.
Rev. David Hepburn, superintendent
of the Antt-Saloon League OF Virginia,
and one Of the first lieutenantS of
Bishop James Cannon, jr., in the Anti.
Smith army last Fall, Is the latest
.aSsailant of the recently much battered
primary system of the Democrats.
Urging All to Vote.
In widely circulated statement he
is urging all voters, Democrats Anti
Smiths and Republicans, to participate
in the Democratic primary, claiming
that this election Is State election and
that participation in it implies no legal
or moral obligation to vote for the
Democratic ticket in the general elec-
tion following.
Mr.. Hepburn cited the recent decision
of Judge D. Lawrence Groner of the
Federal District Court here, ruling that
sections of the primary law providing
that a party may bar colored people
are unconstitutional, and claimed that
this decision voidS the election law
under which party primaries are con-
Quoted in Virginia.
The decision of Judge Groner Of the
Federal Court that the Democratic
primary is unconstitutional abSolveS
citizen from any legal obligation to
support the nominees of an unconstitu-
tional primary in the general election,
he said. Voters participating in the
primary are merely expressing a pref
erence. The fact that the primary is
not conducted by and at the expense OF
the party, but at the expense OF the
State out of the general fund, the same
as the general election. abSolves citizen
of any moral obligation to vote for the
nominees of the party"
OF course If Mr.. Hepburn's advice is
followed by the rank and file Of Vir-
ginia citizenry, the Democratic primary,
hitherto a rather sacred institution, will
Summer, but will be merely subsidiary
election, without party significance
other than that DR.. William Moseley
Brown, coalition candidate for governor
will not have his name on the ticket.
The Democrats might under this plan
see the Republican -Anti-Smith group
step in and nominate the weakest OF
the Democratic candidates, so they can
defeat them the more easily In
November.
No serious trouble of this nature is
anticipated, however. since the primary
laws not covered specifically in the
Groner decision permit the judges OF
the primary election to challenge voters
of doubtful qualification, and to procure
from them, if they desire, a pledge to
support the nominee of the primary.
L. AA hn
that in some precincts there probably
will be trouble on this score.
To Change Party Plan.
Meanwhile preparations are under
way to change the entire Democratic
party plan. and to amend the primary
law so that it will be within the con-
stitution as interpreted by the Repub-
lican jurist last month. The court held
that the primary being conducted at
the expense of the State is State elec-
ton within the scope OF the thirteenth,
fourteenth and fifteenth amendments.
and that provisions of the law under
which the Democratic party bars col
ored voters consequently are unconsti-
tutional. 1t is planned to amend the
primary law so as to make the primary,
as it was before 1912 a purely party
affair conducted and financed by the
party holding it. Then, 1t is claimed,
the party can make rule whlch VIII
not be voided by the national Constltu-
ton.
At the present time the Republican
party does not hold primary in Viz
ginia, but nominateS its candidates
entirely by convention. In some OF the
bipartisan districts the Democrats
nominate local officers by conVentlon
also. But candidates for State onceS
have been nominated in primary oy
the Democrats for many years.
The tendency of many voters to bolt
over party barriers in the presidential
campaign last year, and more recent
troubles within the Democratic party
have caused not few leaders to advo-
cate abandonment of the State primary
after 1929. This suggestion may nave
serious consideration within the councls
of the party after the State elecIloIl
November 6.
The primary system Of Virginia and
other Southern States grew up out OF
a desire on the part of white persons
to retain political supremacy IN sec
tions in which the colored citizens out
numbered the white. This latter con-
dition prevails in 80 OF the 100 counties
of Virginia. The colored citlzens are
permitted to vote In the general cleo
tions. provided they meet the constitu.
tional requirements, but they are barred
from the Democratic primaries. whose
nominations in the past have been
practically tantamount to election.
Colored voters in Richmond began
an attack upon the State primary law
last year, and from this litigation arose
the Groner decision declaring sections
OF the State primary law unconstitu-
tional
In the forthcoming primary there are
three Democratic candidates for COVER
nor: John Garland Pollard of Williams
bure, G. walter Mapp of Accomac and
Roosevelt Page of Hanover. The candl-
date for reelection as attorney general,
John r. Saunders, Is imposed In the
primary. and so is James H. Price. can
didate for lieutenant governor. The
only contest, therefore, Is for the gov
ernorship. Many localities, however, are
choosing nominees for local offices on
the primary ticket.
The Anti-Smith party nominated lCS
candidates by convention IN June: DR..
William Moseley Brown Of Lexington.
for governor, and C. C. Berkeley OF
Newport News. for attorney general.
The Anti-Smiths did not nominate a
man for lieutenant governor.
Following this convention the Repub-
lican convention met and nominated
DR.. Brown and Mr.. Berkeley, thus
making a fusion ticket, and then the
Republicans nominated a straight Re-
publican for lieutenant governor,
r. Walter Dickinson of Russell County:
The uncertain quantity in the political
situation thus far Is the size OF the So
called Anti-Smith party. Its size was
figured at so 900 last November. 1t Is
reported to be much smaller now. IN
view of the return Of several OF the
IAn ~ a.