Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1929-06-15
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.Iud6e GrOner

States anu IeSiuSo - -
cinct of Madison Ward in the city
of Richmond, Virginia. That the nrst
two above named defendants were
the duly appointed judges and the
last named the duly appointed clerk
at a primary election held in the city
Of Richmond on the 3rd OF April,
1928. for the purposes of nominating
candidates on the Democratic ticket
for mayor, councilman, and alder
man. That the plaintiff, who IS a
Negro, was on that day male cl9lzeh
of the United States, over twenty
one wears of age, in all respects qua',,
fled to vote in the ensuing general
election. and that ne was and nad
been for some time past bona nae
member of the Democratic party OIL
the State of Virginia.
To Recover Damages
The action is brought to recover
damages for the refusal by the oe-
PENDANTS to permit the plaintiff to
vote in the above mentioned primary
solely because he was Negro. De
PENDANTS have filed demurrer to the
declaration. This raises the question
whether the action of the defendants
in excluding the plaintiff from Young
was an infringement OF the IlgntSS
guaranteed to him by the FourteenlLn
and Fifteenth Amendments OF C!e
Federal Constitution The action IS
brought under Section 43 OF lltle 0
of U. S. c. A.
VIRGINIA Constitution
cao+;on S6 of the Constitution OF
VIRGINIA provides as follows; :,
"The General Assembly shall
enact such laws as are necessary
and proper for the purpose OF
securing the regularity and pur-
itv of general, local and primary,
elections, and preventing ana
Furnishing any corrupt practices
in connection herewith; and
shall have power, in addition TO
other penalties and punishments
now or hereafter prescribed by
law for such offences, to provide
that persons convicted OF tnem
shall thereafter be disqualified
from voting or holding office"
Pursuant to this authority the Cen
eral Assembly of Virginia hes provld-
cd (Code 1924, Chapter 10, Section
221O a comprehensive. plan IN rela-
tion to primary elections, providing
therein for participation by any po-
Iit;cal party which shall at the pre-
ceding presidential election nave
polled at least one-fourth OF the totaI
vote cast in such election.
Applies to All Nominations
The provisions of this chapter APP
NV 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 pollti-
cal party qualified to participate IN
such a primary, to adopt some other
method for the nomination OF candl-
dates for office, but when partlclpa,,
tion 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 the general election, IN.
GLIDING provision for the payment Oh
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 ana 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
bv reasons of other requirements IN
the lac of the party to a0hlch 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
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
ticiuate 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 a Democratlc
primary would be in conflict with the
Amendment Of the Fed |
aral Constitution nixon V. Herndon,
273 U. S. 536), but insist that the
against the plalntlfr
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
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
teenth Amendment determines that
persons born in or naturalized ac-
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 says that no law shall be made or
enforced to diminish any one of the
privileges and immunities of the peo-