Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1930-06-21
ATTORNEY COHEN PREDICTS
THAT THE WEST DEMOCRATIC
DECISION WILL BE AFFIRM
ED BY THE U. S.
SUPREME COURT
His Letter Follows
Editor Richmond Planet,
June ID, 1880.

Mr.. Editor:
James o. West on aMrch 26, 1928,
petitioned the late Judge of the Law
and Equity Court of the City Of Rich
mond for writ of mandamus against
A. C. Bliley, William Boltl and Will
liam Kicker, who were designated at
that time to act as election judges at
the first precinct in Madison Ward
for the oncoming Democratic FRI
mary to nominate candidates for the
offices of Mayor, Councilmen and AL
dermen for the City of Richmond to
be held on April Bird, 1928. The only
legal ground upon which the Court
could have denied the petition for a
writ of mandamus was that it was
prematurely brought because the
! Judges had only been designated, and
not actually appointed, but the Court
went out Of it's way and ruled that
Colored people could not vote in a
Democratic Primary election because
| of the rule of the Democratic party
limiting the franchise therein tc
white people only. Thereupon James
o. West brought suit against the
above named election officers in the
District Court of the United States
for the Eastern District of Virginia
asking damages in the sum of S5,.
10000, because of the refusal Of sale
Judges to permit him to vote as ne
offered to do, in the Primary cleo
ton held on April Ord, 1928.
/ The Democratic party through
their lawyers, moved the Court tt
dismiss the suit on the ground tina
the rule of the Democratic part.
was constitutional. West, through
his lawyers, contended that the rul
of the Democratic party was uncon
stitutional, and Judge Groner hell
that the Democratic rule excludin.
Negroes from a vote in the Demo
cratic Primary was unconstltutlona
and void, and by agreement of coun
sci for all parties, as this suit wa
brought merely to give the right tt
vote, and not to severely punish tn
election judges who were acting un
der orders, a nominal verdict of $500
J was agreed upon, and the jury wa
! thereupon sworn, and asked to brlni
: in a verdict of $500, which brough
along with it all of the costs.
, The Democratic party, through it
lawyers, appealed the case to tn
United States Circuit Court of Ap
peals for the Fourth Circuit, and tn
case was argued at Richmond, an
on yesterday, June 18th. at Ashe
vile, N. c., the last named Court
composed of three able judges, al
frmed the judgment given West b
= Judge Groner.
Within three months from June 1;
1880, if the Democratic party is nc
satisqed with the decisien pf tn
! Court rendered at Asheville, N. c
!, which permits Colored people to vot
, in the Democratic Primary, it mus
cary the case to the Supreme Cour
o of the United States at Washington
+ D. c.
y 1t is the opinion of the writer tha
q the Supreme Court of the Unite
y States will affirm the decision of tn
Z Supreme Court of the United State
: will affirm the decision of the Unite
States Circuit Court of Appea
handed down at Asheville, N. G.
i; There is no doubt but that tn
i Democratic party will see the cas-
! through to the Supreme Court
p Washington. This of course, will Ell
tail further costs and expenses
fighting the case. But the victor
that has already been gained shoul
Il be followed up and defended vigo
ously, so that Colored Democrats ma
. be granted their rights as citizens.
a The decision handed down at Ash
vile in this case which was argue
;. at Richmond last May, is of fl
a reaching Importance not only to Il
q Colored citizens in Virginia, b.
throughout the South, and will
= hailed as another step in maintain
4 ing the rights given of the Colort
people protected by the Constitute
of the United States. from invasiC
G by discriminatory acts and laws.
: ALFRED E. COHEN.
6 nunist nartv candidate for Conpres