The Omaha guide., 1934-10-06
WHITE CONFERS WITH DEPT.
HJUSTICE ON TEXAS
PRIMARY BAR

| NEW YORK, Sept Is = waftsr
White, N A A. C.,P. secretary, con-
ferred today (Sept- 28) with Joseph
B. Keenan, assistant attorney gen
eral in Washington, D. c., o the status
of the cases arisigt from the barring
Of qualified Negro voters from the
recent primaries in Texas. Mr.. White
was accompanied by Dean Charles n.
Houston of the Howard University
Law School and the Associations le-
gal committee
As a basis for action by the De-
partment Of Justice, Mr.. White point
ed to the injunction granted by Unit
ed States Judge Wayne G. Borah in
New Orleans on Sept Z, 1884, re-
straining the registrar of voters in
Orleans Parish his deputies or agents
or anyone else from erasing or
scratching the name of any qualified
voter from parish registration rolls,
anr directing that the registrar inn
mediately certify the registration
rolls.
Increasingly enough, the three New
Orleans attorneys Edward Rightor
Luther E. Hall and George Seth
Gubn-who made the motion for the
injunction cited the two recent de-
: cisions of he United States Supreme
Court in the cases of Nixon VS.. Con-
don, 2S6 u. S. 70 an dNixon VS.. Hern-
don, 273 U. S. 536 known as the Tex
as White Primary cases, as a basis
for the injunction. They charged
that in view of these recisions any
intimidation of citizens in the free
exercise or enjoyment of the right
and privilege of voting in the coming
primary, any interference with the
right Of any citizen to vote, or any
miscount Of the vote as cast, will con-
stitute a Federal offense in violation
Of Sections 10 and 20 Of the United
States criminal code. (Sections 81
and So Title 10, U. S, C. Al
They charged further that ON
United States VS.. Mosely, 238 U. S.
383. the United States Supreme
Court seld that these sections of the
criminal code apply not only to in
reference with a citizen in his right
to vote but also to false returns Of
the result This ruling applies alike
to all political factions and to all
parishes in the eastern district of
louisiana"
1t is the contention of Mr.. White
that the granting of this emperary
injunction in New Orleans is basis
for similar federal action in Texas
where Negroes were prevented from
voting in the July 18th and August
25th primaries.
Ballots Marked ColOred
Two reputable Negro citizens who
were permitted to vote in the August
2hsrun-off primary in Ell Paso, Texas
were handed ballots marked "Color-
err, which allegedly were not counted
This sensational charge was made
this week by Mr.. White, in a letter
to Mr.. keenan,. The charge was sub
! stantiated by sworn affidavits from
Drs. L. A. Nixon and M. C. Donnell
of El Paso which have been forward
ed to Mr.. keenan, with the added
: statement of Attorney Fred c. Knoll.
; enberg of Ell Paso, lawyer for Nixon
in the famous Texas primary case,
that che is quite satisfied that these
ballots were not couned."
!, "Gf i is within the province of the
United tates attorney to do his" Mr.
Whites letter continues, 'may we sug-
; gest that inquiry be made as tc
whether or not these ballots were
counted? The designation of race or
5 the ballots by Election Judge Condor
defendant in the case of Nixon VS.
Condor, 2S6 U. S. 73, would Eel tc
us strong indication of a deliberate
attempt to evade the law and the
81 Federal Constitution.