The Omaha guide., 1935-05-18
KELLY MILLER
VIEWS
Supreme Court Rulings
in the Lone Star State
Compares Rule In S~cottsDoro Case
With Texas
b. Kelly Miller

d. nelly MlIler
The Supreme Court of the United
States has handed down two vital de-
cisions concerning the fulfllment of
the purpose and intent of the 18th
amendment first, the notification Of
the Grandfather Clause, and second,
the recent decision on the Texas
Democratic Pr.maries) the first of
these decisions was affirmative and
the second negative in tenor. The
purpose of the 18th and 18th amend
ments was clearly to place the Negro
on a gooting Of political equality with
the white race. This purpose has
been fully accomplished in States
which al disposed to have it so, and
has been frustrated in those States
OF contrary mind. If the 18th amend
ment is observed in Massachusetts, and
Kentucky and circumvented in Mss
issippi and Texas, it is because local
sentiment favors it in the one case and
frowns upon it in the other. Federal
authority, whether political or judicial
has not been fully effective in enforc-
ing the Civil War amendments against
local sentiment.
Both of these decisions, BY the Su-
preme Court, however, have had
theoretical rather than practical eff
feet. The notification of the Grand
father Clauses, by unanimous decision
OF the Supreme Court and through the
mouthpiece of Chief Justice White.
previously the Democratic Senator
from Louisiana, was justly claimed by
Negro opinion throughout the country,
as g political deliverance of the race.
And yet this decision has had no prac-
tical effect. The Grandfather Clauses.
when in full force and effect. did not
affect a sufficient number of white
voters in a single State to materially
change its political complexion. By
declaring this law unconstitutional.
not a single Negro gained the right to
vote. The only beneficial effect to the
Negro was that it keeps open the door
OF hope against political d.scrimina-
ton b. Federal sanction. Political
conditions remained the same in the
South after this decision as they were
before.
The recent Texas Primary decision.
the lawyers tell me, was strictly in
accordance with the letter of the law.
although it undoubtedly contravenes
It's spirit. A political party is de-
clared to be a private organization
with the right to define and restrict
Its own membership to race, sex or
creed, it has the perfect Constitutional
right to do so. If this policy were
widely followed in the different States
it would lead to such confuse on as
would make orderly government i'm
possible So much for the letter YER
u the spirit of the Constitution.
But, as a matter of fact, no Negro
IN Texas is deprived of his right to
vote nor to participate in the nomina-
ton of any candidate of his choice. on
~ ne cannot do so under style. title
n designation of the Democratic
party. He may join any party which
VIII admit him to membership or he
may form a party of his own and set
It's own conditions of membership.
Practically the Negroes in Texas.
ano Tor that matter in the South gem
orally, are treated in the same war-
oy the Democratic and Republican
parties. The Democrats exclude them
from the primaries, through which the
candidates for office are nominated.
and the Republicans, by hook or crook.
exclude them from the nominating
conventions. There is no difference
OF advantage between the attitude of
Inc democrats and white Republicans
IN the State of Texas, in so far as the
Negro is concerned.
The effect Of this decision will be to
bring the Negro to his political senses.
AS a sharply marked and easily differ
entlated minority, he is at the mercy
OF majority opinion in the State and
community in which he resides. If the
dominant will Of the white people in
Texas denies him full and equal par
tlclpation in political procedure, his
tate will be determined by that judg-
ment. #, on the other hand, local
sentiment in Illinois grants him abso-
lutte political equality, it will be SO for
the State Of Illinois. The enforcement
OF the 18th amendment and the cur
tallment provision of the 18th amend
ment by national authority, is not a
part OF the political mind of any seri-
GUS statesman. I believe that even
congressman Tinkham of Massachu-
sets and ex-Congressman DePriest of