Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-06-18
Negro Exclusion in Party Primary
Illegal

Texans are interested in a decision by the United
States circuit court Of appeals at Asheville. North
Carolina. Ruling Of the court was that the demo-
cratic party Of Virginia had no right to bar negroes
and other races" from Its primary. Texas has a
statute which bars negroes from the democratic par
ty primary. It was enacted by democratic lawmakers
and signed by a democratic governor.
If 1t is illegal in Virginia then it is illegal in Texas.
II is said political chickens come home to roost. They
DO. Just the other day the state democratic executive
committee adopted a rule barring democratic ne
groes from the party primary. Well. these demo-
cratic leaders should read the ruling Of the United
States circuit court of appeals.
1t was contained in the courts opinion affirming
the decision Of the district court at Richmond, Va.
In the case Of James o. West. negro. versus A.. G.
Billey. William voltz and William Richard. The
three defendants were democratic judges in the pre-
cinct in which the negro lived in Richmond.
West was refused the right 10 participate in the
democratic primary for selection of nominees as city
officials Of Richmond on April 3, 1928. on the grounds
that the plan OF the democratic party, adopted June
II. 1924. limited the right to participate in its pri-
maries to white persons.
All three judges concurred in the opinion written
by Judge Elliott Northcutt Of West Virginia. This is
the legal milk In the cocoanut taken from the ruling:
IF all the political parties in the state Of Virginia
Incorporated the same qualifications in their rules
and regulations as did the democratic party, nobody
could participate in the primaries except white per-
sons and other persons would be deprived Of a ma
terial right guaranteed TO them under the constitution
as amended; that Is. the right to participate in the
selection Of candidates TO be voted for in the election"
1t goes without saying that what is good law for
the Virginia gander should be excellent fodder for the
Texas goose. It goes without saying that the four
tenth and fifteenth amendments are dead letters in
many states.
It goes without saying that the issue will become
acute in the near future If the supreme court Of the
United States affirms the judgment Of the United
States circuit court Of appeals in the Virginia party
primary case where democratic election judges barred
a negro voter and prevented him from exercising the
right Of franchise.
Negroes are barred from the democratic party pri-
mary by law and state committee ruling. Now, if a
democratic negro is prevented from voting by primary
election judges and appeals to the courts for redress,
what will happen to the statute and the committee
ruling?
Lest We forget. the so-called negro issue in po-
litical sense is not a dead issue. It has been an ig-
nored issue in many southern states since the re-
construction days were blotted out and white demo-
Gratis. ever dominant until 1928. declared this to be
a white mans country, ruled. TO be ruled by white
men and a government made and functioned ex-
clusively by white men.
Banquois ghost kept bobbing up. and the color line
issue in the South is going to keep bobbing up the
coming years? Now how will II be handled under
the skies of Texas? There are negroes the state over
who proclaim themselves to be democrats; they de-